State v. Fivecoats

Defendant appeals from a judgment of conviction for first-degree theft, felon in possession of a firearm, and unlawful entry into a motor vehicle. The primary issue at trial was the identity of a man shown on a surveillance video taking a gun from the victim’s vehicle. Defendant wanted to demonstrate to the jury his supposedly peculiar gait so that they could compare it to the gait of the man in the video. The court ruled that defendant could either exercise his right not to testify or demonstrate his walk to the jury, but he could not do both; demonstrating his walk would be testimonial, and…