Case Detail
CitationState v. Rivet, 752 N.W.2d 611 (N.D. 2008)
CrimeViolent, other
StateND
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial YearUKN
BodySupreme court
OpinionThe Supreme Court of North Dakota reversed the defendants' convictions and granted a new trial due to the prosecutor improperly commented on the defendant exercising his right to an attorney and to remain silent: "Allowing the jury to hear Rivet's request for an attorney, coupled with the immediate comment by the prosecutor that Rivet failed to use an opportunity to clear his name, likely damaged his credibility in the eyes of the jury. We are not convinced beyond a reasonable doubt the comments on Rivet's post-arrest silence did not contribute to the guilty verdict. We therefore reverse the judgment against Rivet and remand for a new trial."
Determination Year2008
Misconduct TypeT
C/S EffectRemand for retrial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.ndcourts.gov/court/opinions/20080008.htm