United States Eighth Circuit

Conviction for drug and weapons charges is reversed and remanded where: 1) defendant's post-arrest silence was not a proper subject of examination; 2) the improper examinations prejudiced defendant; and 3) defendant was entitled to a jury instruction of possession of a controlled substance under 21 U.S.C. section 844.

Appellate Information

• Decided 02/09/2009
• Published 02/09/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Charles E. Ambrose, Asst. U.S. Atty., Kansas City, MO, argued (John W. Wood, U.S. Atty., Amy B. Marcus, Asst. U.S. Atty., on the brief), for appellee.