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2. Comment on use of privilege

Closing Argument – Reference to Defendant’s Failure to Testify

State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: Closing argument remarks addressed to Doss’s failure to explain missing funds did not amount to a comment on her failure to testify: ¶81      … [F]or a prosecutor’s comment to constitute an improper reference to a defendant’s… Read more


State v. Maurice S. Ewing, 2005 WI App 206 For Ewing: David R. Karpe Issue/Holding: Where the defendant waived his rights and gave pre-trial statements to the police and presented an alibi defense at trial, prosecutorial evidence that the defendant had not revealed the alibi during those statements, and exploitation of that omission during closing argument… Read more


Privilege – § 905.13, Comment on Silence

State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03 For Cooper: John A. Birdsall Issue/Holding: ¶19. The test for determining if there has been an impermissible comment on a defendant’s right to remain silent is whether the language used was manifestly intended or was of such character that the jury would naturally… Read more