STATE v. CURTIS

No. 19607-1-III.

37 P.3d 1274 (2002)

STATE of Washington, Respondent, v. Bobby Ray CURTIS, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

January 15, 2002.


Attorney(s) appearing for the Case

Paul J. Wasson, Spokane, for Appellant.

John D. Knodell, III, Edward A. Owens, Ephrata, for Respondent.


SWEENEY, J.

The exercise of constitutionally guaranteed Miranda1 rights must be without penalty. The State penalizes a defendant for asserting those rights when it introduces evidence of the defendant's exercise of Miranda rights as substantive evidence of guilt. In this case, the prosecutor invited an investigating officer to comment in front of a jury that the defendant chose to remain silent and consult a lawyer after...

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