Wisconsin Supreme Court Issues Decision Regarding Fifth Amendment Rights

Facts and Legal Issues in State v. Hoyle

Tomas Jaymitchell Hoyle was convicted of two counts of second-degree sexual assault and second-degree sexual assault of a child. An appeals court reversed the conviction because of statements that the prosecutor made at trial. However, the Supreme Court reversed the appeals court and remanded the case.

The issue in this case involved a comment that the prosecutor made at trial. In a criminal case, the Fifth Amendment protects a defendant from self-incrimination. The defendant does not have to take the stand, and the jury cannot draw any adverse inference against them because of their decision not to testify.

Here, the prosecutor made a statement that said "that Hoyle should be convicted because the alleged victim's testimony was 'uncontroverted'” Seemingly, this was the prosecutor’s way of telling the jury that the testimony was uncontroverted because Hoyle did not take the stand to give his own side of the story. 

The Supreme Court Gave Context to the Prosecutor’s Statement

In seeking post-conviction relief, Hoyle argued that the prosecutor’s statement violated his Fifth Amendment rights. However, the Court disagreed.

The Court looked at the exact nature of the prosecutor’s statement and found that it was not necessarily a comment about the defendant’s decision not to testify. In reviewing the context of the statement, the Court held that saying that the evidence was “uncontroverted” was not a comment on the defendant’s failure to testify. The Court held that it was entirely proper to state that the defense has not presented any evidence that contradicts what is being used against them. “Uncontroverted” could describe any source of exculpatory evidence, and not simply the defendant’s testimony.

Instead, the statement that testimony was uncontroverted referred to the “was entirely meant to focus the jury's attention on what evidence it was permitted to consider.” The statement was not meant to convey that the lack of a defense case made the prosecution’s case more credible. Instead, the statement was made “in order to keep the jury from speculating about any other evidence” that was not actually presented. 

You Need an Attorney to Help Make Key Decisions in Your Case

The decision about whether to testify is a crucial one that should be made in close consultation with your lawyer. You need an attorney to set the legal strategy in your case in order to present the strongest possible defense. If you do testify, your attorney would need to protect you when you are questioned during cross-examination.

Contact a Eau Claire Criminal Defense Attorney Today

The Cohen Law Offices provide you with sensible legal representation in a criminal case, which can be aggressive when necessary. You need to contact an attorney as soon as you have been charged. To speak with a lawyer, you can message us through our website or call us today at (715) 382-9447.