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State v. Valdez, 2021 UT App 13 (Feb. 11, 2021)

Feb 11, 2021

Reversing convictions for kidnapping, robbery, and aggravated assault, the court of appeals held that the defendant’s right against self-incrimination under the Fifth Amendment was violated when the prosecution presented evidence that he refused to provide the swipe code to his cell phone to officers and relied upon that evidence in closing argument, thereby inviting the jury to infer guilt from the defendant’s silence.