United States Third Circuit
Gov't of the Virgin Islands v. David, 07-2136
Conviction for assault, reckless endangerment and unauthorized possession of a firearm is reversed and remanded where: 1) the prosecutor's references to to defendant's post-arrest, post-Miranda silence violated his right to due process under Doyle; and 2) the violation cannot be considered harmless beyond a reasonable doubt.
Appellate Information
- Argued 12/09/2008
- Decided 03/27/2009
- Published 03/27/2009
Judges
- Before: FISHER, JORDAN and STAPLETON, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Brett G. Sweitzer (Argued) Defender Association of Philadelphia Federal Court Division Philadelphia, PA, for Appellant.
- For Appellees:
- Matthew C. Phelan, Office of Attorney General of Virgin Islands Department of Justice, St. Thomas, VI, for Appellee.