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398 S.W.3d 95
Mo. Ct. App.
2013
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Background

  • Defendant Ervin was convicted of one count of first-degree statutory sodomy (§ 566.062).
  • Victim, a 21-month-old, sustained penetrating anal trauma; injuries consistent with abuse were observed and treated at Cardinal Glennon Hospital.
  • Defendant was interviewed by Detective Caid after Miranda rights were read; he initially answered, then invoked his right to remain silent.
  • The State admitted portions of the videotaped interrogation, including the end of the interview and Defendant’s silence after a question about Victim’s injuries.
  • Trial court admitted the video; Defendant challenged the admission as a Fifth/Fourteenth Amendment violation and improper use of post-Miranda silence.
  • Defense challenged the Doyle-implied prejudice, but the court found the overall evidence overwhelming and affirmed the judgment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the end of the videotaped interview was admissible State argued admissible as part of the interrogation history Dexter/ Doyle violations render it inadmissible Admissible; no reversible error under harmless review
Whether post-Miranda silence can be used for impeachment State may comment on silence after waiver Silence cannot be used to incriminate after Doyle Admissible under waiver; not used to imply guilt
Whether any Doyle violation was harmless beyond a reasonable doubt Error, if any, harmless given overwhelming evidence Multiple Doyle violations require reversal Harmless beyond reasonable doubt given overwhelming evidence

Key Cases Cited

  • State v. Jackson, 248 S.W.3d 117 (Mo.App.2008) (trial court’s broad discretion in admitting evidence; abuse only if clearly against logic)
  • State v. Dexter, 954 S.W.2d 332 (Mo. banc 1997) (post-Miranda silence cannot be used to incriminate; Doyle principle)
  • State v. Pulis, 822 S.W.2d 541 (Mo.App.1992) (waiver of privilege allows comment on remaining questions)
  • State v. Bragg, 867 S.W.2d 284 (Mo. App.1993) (waiver continues until withdrawn; interrogation can continue)
  • State v. Tims, 865 S.W.2d 881 (Mo.App.1993) (analysis of when silence implies admission/denial; scrutiny required)
  • State v. Whitmore, 948 S.W.2d 643 (Mo.App.1997) (no impermissible inference when relying on Fifth Amendment privilege; careful scrutiny)
  • State v. Brooks, 304 S.W.3d 130 (Mo. banc 2010) (harmless-error standard for Doyle violations; factors for evaluation)
  • Doyle v. Ohio, 426 U.S. 610 (1976) (post-Miranda silence cannot be used for impeachment)
  • State v. Riley, 901 S.W.2d 92 (Mo.App.1995) (no error where evidence used casually; prosecutor did not emphasize)
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Case Details

Case Name: State v. Ervin
Court Name: Missouri Court of Appeals
Date Published: May 2, 2013
Citations: 398 S.W.3d 95; 2013 Mo. App. LEXIS 543; 2013 WL 1845503; No. SD 31950
Docket Number: No. SD 31950
Court Abbreviation: Mo. Ct. App.
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