Fallen v. State

Deen, Presiding Judge.

Appellant Fallen was convicted of armed robbery and criminal attempt to commit armed robbery. At trial defense counsel elicited from his client the statement that he was never asked by law enforcement officers to make a written statement. On cross-examination the prosecutor, in an attempt to place the previous statement in context, elicited, through a series of questions, the statement that defendant/ appellant had not been asked to make a written statement because, on being given his Miranda warnings, he had elected to exercise his right to remain silent. Defense…