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STATE v. ADAMS

No. 13-KA-992.

142 So.3d 265 (2014)

STATE of Louisiana v. Spence ADAMS.

Court of Appeal of Louisiana, Fifth Circuit.

May 21, 2014.

Attorney(s) appearing for the Case

Thomas F. Daley , District Attorney, Orenthal Jasmin , Assistant District Attorney, Laplace, Louisiana, for Plaintiff/Appellee.

Jane L. Beebe , Attorney at Law, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and HANS J. LILJEBERG.

FREDERICKA HOMBERG WICKER, Judge.

In this criminal appeal, defendant claims that the trial judge erred in denying his motion for a mistrial and motion for a new trial on the ground that the prosecuting attorney improperly questioned a state witness regarding defendant's post-arrest silence during trial in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). For the following reasons, we find that the...

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