My friends and fellow defense lawyers Edward T.M. Garland, Don Samuel and Ben Sessions penned eloquent and well-researched criticisms of Judge Brian Rickman’s concurring opinion in Blackmon v. State, A15A1834 (March 24, 2016). Each letter points out the legion of cases where the error complained of was the direct result of improper violations of well-established rules by the prosecutor, resulting in a reversal upon the grounds of ineffective assistance of counsel.
As correctly pointed out by my brothers, there is no more enshrined right than pre-arrest silence and the oftentimes flagrant violations by prosecutors of intentional and repeated references to a defendant’s constitutional right to silence.
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