State v. Fricks

The principal question here is whether a criminal defendant's right to due process of law is violated when the State draws the attention of the jury to the fact the defendant remained silent following arrest and advisement of Miranda rights. In defendant Fricks' trial for second-degree burglary the State elicited testimony regarding his post-arrest silence during its case in chief, and also commented on it directly during closing argument. We hold such conduct deprived defendant of due process of law, and reverse for a new trial.

Defendant John Russell Fricks was tried by a jury and found…