United States Eighth Circuit

Although a prosecutor may not directly comment on a defendant's failure to testify, there is no prosecutorial misconduct if prosecutor's comments were likely viewed by jury as gleaning inferences on defendant's and weapon's whereabouts on the night of the crime, as opposed to a comment on defendant's failure to testify.

Appellate Information

• Decided 01/30/2002
• Published 01/30/2002

Judges

• BEAM, Circuit Judge., Before BYE, and BEAM, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael F. Cromett, argued, Asst. Public Defender, Minneapolis, MN, for appellant.


• For Appellees:
  
• J. Michael Richardson, Asst. Hennepin County Atty., argued, Minneapolis, MN, for appellee.