Free Newsletter
Criminal Law – DUI – References to Post-Arrest Silence
Staff Report//March 19, 2025//
Defendant appealed his conviction for DUI as a habitual offender, arguing that the trial court erred in failing to sua sponte declare a mistrial after the prosecution made references to defendant’s post-arrest silence. Defendant also challenged the sufficiency of the evidence supporting his conviction.
Where the use of post-arrest, pre-Miranda silence as evidence of guilt was a question of unsettled law, the court declined to conduct plain error review.
Judgment is affirmed.
State v. Mefford (MLW No. 82878/Case No. WD86719 –12 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Dekalb County, Horsman, J. (Travis Noble Jr., Clayton for appellant) (Daniel McPherson, Jefferson City for respondent)
Latest Opinion Digests
- Insurance-Interpleader-Competing Claims to Insurance Proceeds
- Employer-Employee-Discrimination-Hostile Work Environment
- Criminal Law-Rape-Oral and Written Judgments
- Torts-Defamation-Official Immunity
- Real Property-Adverse Possession-Oral Agreement for Sale
- Domestic Relations-Termination of Parental Rights-Parental Unfitness
- Criminal Law-Violation of Order of Protection-Scope of Cross-Examination
- Criminal Law-Resisting Arrest-Sufficiency of Evidence
- Criminal Law-Post-Conviction Relief-Ineffective Assistance of Counsel
- Domestic Relations-Dissolution-Property Division
- Criminal Law-Assault-Self-Defense
Top stories
- U.S. District Court allows plaintiffs to amend complaint alleging fraud
- AAA Insurance faces $21.5M bad faith verdict in Clay County
- Legal Limelight: Meghan S. Largent champions landowners in takings cases
- Supreme Court rejects bright-line rule on FAA worker exemption
- 2026 Unsung Legal Heroes: Publisher’s Letter, honorees
- Driver in accident settles negligence suit with other motorist
- Verdicts may fuel Missouri social media claims
- Judge Anthony Rex Gabbert retiring after 32 years
