EX PARTE JOHNSON

1920135.

629 So.2d 619 (1993)

Ex parte John Wilson JOHNSON. (Re John Wilson Johnson v. State.)

Supreme Court of Alabama.

Rehearing Denied August 20, 1993.


Attorney(s) appearing for the Case

George H. Jones, Birmingham, for petitioner.

James H. Evans, Atty. Gen., and Gail Ingram Hampton, Asst. Atty. Gen., for respondent.


MADDOX, Justice.

We granted certiorari review to determine whether the trial court erred when it admitted testimony that the defendant, while being questioned by police while he was in custody, elected to remain silent and asked for legal help.

The Court of Criminal Appeals, in an unpublished memorandum, held that "[a]ny improper comment on the appellant's exercise of his Miranda right to remain silent in reference to his failure to answer a question...

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