State v. DW

Andrew M. Morgan

Practice Area:Criminal Defense

Outcome:New Trial.

Description:Appeal case. Defendant accused of theft from museum. Prosecutor had argued in summation that an innocent man would have explained art object found in his possession. This is a violation of the right to silence. Trial lawyer did not object. I briefed the issue and argued in oral hearing, won right to new trial. DA's office eventually dropped charge rather than retry.