context: We acknowledge that a prosecutor may not present argument that penalizes or impinges upon a defendant's exercise of the privilege against self-incrimination.
citation_a.signal: see also
citation_a.identifier: 274 Ind. 247, 249
citation_a.parenthetical: "It is true that . #.. any direct or indirect reference to the defendant's failure to testify has been strictly regarded as an impingement of his constitutional and statutory rights not to testify."
citation_a.sentence: Boatright v. State, 759 N.E.2d 1038, 1048 (Ind.2001) (“The Fifth Amendment privilege against compulsory self-incrimination is violated when a prosecutor makes a statement that is subject to reasonable interpretation by a jury as an invitation to draw an adverse inference from a defendant’s silence.”) (emphasis added) (quotation omitted); see also Crosson v. State, 274 Ind. 247, 249, 410 N.E.2d 1194, 1195 (1980) (“It is true that . ■.. any direct or indirect reference to the defendant’s failure to testify has been strictly regarded as an impingement of his constitutional and statutory rights not to testify.”) (emphasis added).
citation_b.signal: no signal
citation_b.identifier: 759 N.E.2d 1038, 1048
citation_b.parenthetical: "The Fifth Amendment privilege against compulsory self-incrimination is violated when a prosecutor makes a statement that is subject to reasonable interpretation by a jury as an invitation to draw an adverse inference from a defendant's silence."
citation_b.sentence: Boatright v. State, 759 N.E.2d 1038, 1048 (Ind.2001) (“The Fifth Amendment privilege against compulsory self-incrimination is violated when a prosecutor makes a statement that is subject to reasonable interpretation by a jury as an invitation to draw an adverse inference from a defendant’s silence.”) (emphasis added) (quotation omitted); see also Crosson v. State, 274 Ind. 247, 249, 410 N.E.2d 1194, 1195 (1980) (“It is true that . ■.. any direct or indirect reference to the defendant’s failure to testify has been strictly regarded as an impingement of his constitutional and statutory rights not to testify.”) (emphasis added).