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Court hears challenge to prosecutor's use of appellant's post‑Miranda silence
Summary
During oral argument, counsel for Rebecca Davis asked the court to set aside convictions after the state referenced Davis's decision not to give a statement following Miranda warnings; the state argued the remark was limited to showing officers had investigated and that any error was harmless.
An appellate panel heard argument over whether prosecutors improperly used a defendant's silence after receiving Miranda warnings to support a guilty verdict.
Appellate Division attorney for Rebecca Davis told the court, "Due process prohibits prosecutors from pointing to the fact that a defendant was silent after she heard Miranda warnings," and asked the court to "set aside those convictions and to remand for a new trial as to any remaining counts." The attorney said the state used Davis's post‑Miranda silence in opening statements and in evidence to advance a theme that Davis…
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