Georgia Supreme Court reverses criminal conviction and holds that a defendant's pre-arrest silence may not be used against him
The Georgia Supreme Court recently had to decide whether the rule that prosecutors may not comment on a defendant’s pre-arrest silence is limited to situations where the defendant remains silent in the face of questions by state agents and where a defendant fails to come forward when he knows he is the target of an investigation. The Court held that the rule is not limited to these two situations.
In Reynolds v. State, the defendant, Reynolds, was arrested and convicted for aggravated battery. During closing arguments, the prosecutor told the jury that, “I want you to consider that Mr. Reynolds had the opportunity to stay . . . that night and call the police or wait for police to respond to give his version of the facts.” Reynolds’ attorney at trial did not object to the comment, and his attorneys upon appeal argued that the failure to object constituted ineffective assistance of counsel. The Court of Appeals rejected this claim, and it relied on a prior appellate court ruling which only restrained prosecutors from commenting on pre-arrest silence in the two situations noted above. Thus, the prosecutor was free to comment, since Reynolds’ silence did not occur during an interrogation or when he knew he was the target of an investigation. His attorneys appealed the appellate court’s decision to the Georgia Supreme Court.
A unanimous Supreme Court overturned the appellate court’s ruling. The Court reasoned that the failure to speak or act by a criminal defendant will often be judged as evidence of guilt, and as a result, allowing such comments about a defendant’s silence is far more prejudicial than probative. In doing so, the Court overruled prior cases which limited the rule that prosecutors may not comment on pre-arrest silence. The conviction of Reynolds was also reversed and remanded.
Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.
