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STATE v. SULLIVAN

No. 96-009.

927 P.2d 1033 (1996)

280 Mont. 25

STATE of Montana, Plaintiff and Respondent, v. Shannon Lee SULLIVAN, a/k/a Shannon Lee Marshno, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 1996.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender, Helena, for appellant.

Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Christine A. Cooke, County Attorney; Curtis Bevolden, Deputy County Attorney, Hardin, for respondent.

TURNAGE, Chief Justice.

Shannon Sullivan appeals from a jury verdict, judgment and sentence of the Thirteenth Judicial District, Big Horn County, convicting him of deliberate homicide. We reverse and remand.

ISSUE

Did the prosecutor violate Sullivan's right to due process and privilege against self-incrimination by commenting on Sullivan's post-Miranda silence and is this issue reviewable under the common law plain error doctrine?

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