People v. Pinkett

The Supreme Court affirmed the judgment of the appellate court reversing defendant’s convictions for criminal and motor vehicle violations, including aggravated fleeing or attempting to elude a police officer, exceeding the speed limit, and failing to use a turn signal. The Supreme Court found that the State’s comments during opening statements, in which it equated the defendant’s silence during an arrest with guilt were improper because, under the circumstances of the case, the defendant’s silence was neither material nor relevant to the question of his guilt. The court further explained that the tacit admission rule did not apply under the facts of the case. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, and ROCHFORD, concurring. HOLDER WHITE took no part in the decision)