Adams v. Alaska

A jury convicted Defendant Leroy Adams of sexual assault in the second degree for having sexual intercourse with K.S. when he knew that K.S. was unaware that a sexual act was being committed. Both Defendant and K.S. were intoxicated at the time, and Defendant testified at trial that the sex was consensual. During his cross-examination of Defendant, the prosecutor questioned him about his refusal to speak to the police prior to trial. The prosecutor also argued to the jury in closing that Defendant's refusal to talk to the police made his testimony at trial less credible. Defendant claimed on appeal that the prosecutor’s questions and argument were improper comments on Defendant's right to silence under article I, section 9 of the Alaska Constitution. Because Defendant did not object to the prosecutor’s questions or argument at trial, the court of appeals affirmed his conviction. The Supreme Court granted Defendant's petition for review and concluded that the prosecutor improperly commented on Defendant's invocation of his right to silence and violated his constitutional rights. The Court reversed his conviction and remanded the case for a new trial. View "Adams v. Alaska" on Justia Law