State v. Tayari-Garrett, 841 N.W.2d 644

Appellant Mpatanishi Syanaloli Tayari-Garrett, pro se, faced a misdemeanor criminal contempt trial for failing to appear for trial.
She had previously represented E.M.M. in a $2.8 million mortgage fraud case set for trial May 2, 2011.
Appellant sought continuances and raised conflicts, including a purported medical issue and travel plans to Paris.
The district court required documentation of hospitalization, prognosis, and travel plans; appellant failed to timely provide these.
May 2 trial proceeded without appellant; substitute counsel represented E.M.M. and later requested continuances.
In October 2012, a jury convicted appellant of misdemeanor criminal contempt after she did not appear at trial; the district court imposed a $1,000 fine and a 90-day jail sentence, stayed for one year.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the prosecutor improperly commented on Tayari-Garrett’s failure to testify	Tayari-Garrett’s unsworn statements were impermissible silence; comments violated Fifth Amendment	Because she repeatedly testified unsworn while not under oath, she effectively waived privilege; comments were permissible	No improper comment; waiver occurred; comments were within permissible scope
Whether the evidence was sufficient to prove willful disobedience	Evidence showed willful disobedience to a court order due to hospitalization or illness	Appellant’s illness and hospitalization negated willfulness and notice	Sufficient evidence supported willful disobedience beyond a reasonable doubt
Whether Tayari-Garrett waived right to counsel properly	Waiver of counsel was not properly established under Minn. Stat. § 611.19	District court properly secured a waiver on the record for a misdemeanor offense	Waiver of right to counsel valid; not clearly erroneous
Whether the Confrontation Clause was violated by admission of orders as evidence	Orders contained testimonial statements against her; she could cross-examine	Orders were non-testimonial and not created for prosecution; no confrontation violation	Confrontation rights not violated; records non-testimonial

McCollum v. State, 640 N.W.2d 610 (Minn.2002) (prosecution may comment on defendant's silence if waiver occurs; cross-examination not foreclosed)
State v. Caron, 300 Minn. 123 (Minn.1974) (misconduct standard and harmless-error framework for prosecutorial conduct)
State v. Hanson, 285 N.W.2d 487 (Minn.1979) (waiver of Fifth Amendment rights by testifying)
Griffin v. California, 380 U.S. 609 (U.S. 1965) (silence cannot be used against a defendant in courtroom remarks)
State v. Caulfield, 722 N.W.2d 304 (Minn.2006) (testimonial/no testimonial analysis for Confrontation Clause)
State v. Ramey, 721 N.W.2d 294 (Minn.2006) (plain-error analysis for unobjected-to misconduct)
State v. Porter, 526 N.W.2d 359 (Minn.1995) (closing argument considerations and prejudice review)