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NICHOLS v. STATE

No. 31A01-1112-CR-599.

974 N.E.2d 531 (2012)

Patrick NICHOLS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 6, 2012.

Attorney(s) appearing for the Case

Matthew J. McGovern , Anderson, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, George P. Sherman , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

CRONE, Judge.

Case Summary

Patrick Nichols appeals his convictions for class C felony burglary, class D felony theft, and class A misdemeanor criminal mischief, contending that in closing argument, the prosecutor violated his Fifth Amendment privilege against self-incrimination by improperly commenting upon his decision not to testify and that the resulting error is fundamental. We agree and...

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