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Favorable Fifth Amendment decision withdrawn

We recently published a post on the court of appeals decision in State v. Hoyle, No. 2020AP1876-CR, which ordered a new trial for a defendant convicted of child sexual assault (and was recommended for publication). The court held that the state violated Hoyle’s Fifth Amendment right to remain silent at trial with its repeated arguments during closing that the alleged victim’s testimony was “uncontroverted” and there was “no evidence disputing her account of the sexual assault.” The state filed a petition for review, to which Hoyle responded. In light of the state’s petition, the court of appeals has withdrawn its opinion. (The case history, including links to the PFR and Hoyle’s response, are available here.) We’ll do a post on the new decision when it’s reissued.

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