Case Detail
CitationState v. Rivet, 752 N.W.2d 611 (N.D. 2008)
CrimeAttempted murder
StateND
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2007
BodySupreme court
OpinionDefendant was convicted in the District Court of Cass County, North Dakota of robbery and attempted murder. The Supreme Court of North Dakota granted a new trial in part due to the prosecution's impermissible use of the defendant's post-Miranda silence: "The State argues its comments were permissible impeachment. A party can attack a witness' credibility by impeachment. . . .However, a prosecutor's use of a defendant's post-arrest silence after receiving Miranda warnings to impeach a defendant's exculpatory story, told for the first time at trial, violates the defendant's right to due process. . . .After a person has been arrested and given the Miranda warnings, 'it would be fundamentally unfair and a deprivation of due process to allow the arrested person's silence to be used to impeach an explanation subsequently offered at trial.'"
Determination Year2008
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.ndcourts.gov/court/opinions/20080008.htm