Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania reversed a defendant’s conviction in which his post-arrest silence was mentioned multiple times at trial, and …

Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …