State v. Shuler

Whether a criminal defendant forfeits their Fifth Amendment right to silence when they give pretrial notice of an affirmative defense under N.C.G.S. 15A-905(c)(1); whether the State is permitted to elicit testimony on a defendant's silence during its case-in-chief for the purposes of impeachment based solely on the defendant's pretrial notice of an affirmative defense.

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Summary

Whether a criminal defendant forfeits their Fifth Amendment right to silence when they give pretrial notice of an affirmative defense under N.C.G.S. 15A-905(c)(1); whether the State is permitted to elicit testimony on a defendant's silence during its case-in-chief for the purposes of impeachment based solely on the defendant's pretrial notice of an affirmative defense.