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State v. Wessel5/25/1999
S.W.2d at 339, quoting Tims, 865 S.W.2d at 886.
Here, the prosecutor's argument squarely and unequivocally invited the jury to infer that Defendant was guilty because he sought to speak to an attorney. Even standing alone, the State's reference during closing to a defendant's post-Miranda silence can merit reversal. State v. Flynn, 875 S.W.2d 931, 934 (Mo. App. S.D. 1994). In addition, ample authority exists for the proposition that improper use of post-Miranda silence may constitute manifest inJustice and plain error. See, Dexter, 954 S.W.2d at 343; Zindel, 918 S.W.2d at 243. Applying the factors set forth in Dexter, as a matter of plain error, the charged crime must be retried.
The judgment is reversed and remanded for new trial.
Separate Opinion:
None
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