Lupfer v. State

A jury sitting in the Circuit Court for Cecil County convicted appellant, Raymond Charles Lupfer, of second degree murder, first degree assault, and use of a handgun in the commission of a felony. The court imposed a sentence of 30 years for the conviction of second degree murder and ten years consecutive for the conviction of use of a handgun in the commission of a felony.1

Appellant presents two issues for our review, which we have reworded as follows:

1. Did the trial court err in allowing the State to elicit evidence of appellant’s post-arrest, post-Miranda[2] silence and his request to…