Leroy Adams, Petitioner v. State of Alaska, Respondent

Summary

The court held that the prosecutor improperly used Adams's pretrial silence to impeach his trial testimony and argue that he was less credible. Alaska law constitutionally protects post-arrest silence and generally excludes evidence of pre-arrest silence under the evidence rules because its probative value is low and its prejudicial potential is high. Because the unobjected-to comments were obvious, affected substantial rights, and were prejudicial under the applicable plain-error standards, the court reversed Adams's conviction and remanded for a new trial.