STATE v. CLAY

No. 92-KA-1061.

612 So.2d 266 (1992)

STATE of Louisiana v. Lionel CLAY.

Court of Appeal of Louisiana, Fourth Circuit.

December 29, 1992.


Attorney(s) appearing for the Case

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant/appellant.

Harry F. Connick, Dist. Atty. for Orleans Parish, Lisa A. McLachlan, Asst. Dist. Atty. for Orleans Parish, New Orleans, for plaintiff/appellee.

Before CIACCIO, ARMSTRONG and WALTZER, JJ.


WALTZER, Judge.

This appeal concerns the trial court's denial of defendant's motion for a mistrial, which was made in response to the State's comments during its closing argument. This Court must determine whether the State, during its summation, impermissibly referred to the defendant's decision not to testify.

On March 20, 1991, the defendant was charged with possession of cocaine. He entered a plea of not guilty and opted for trial. On June 25, 1991, a...

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