context: Other state courts have also applied Luce to impeachment by a statement obtained in violation of a defendant's Miranda rights.
citation_a.signal: see
citation_a.identifier: 591 A.2d 875, 876-78
citation_a.parenthetical: concluding that the appellate court could not review the defendant's constitutional argument that the trial court erred by allowing the State to use his allegedly involuntary confession to impeach him because he elected not to testily
citation_a.sentence: See, e.g., Wagner v. State, 347 P.3d 109, 109-10 (Alaska 2015) (declining to review the defendant’s claim that the trial court erred by allowing the State to impeach him with a statement obtained in violation of Miranda because, without his testimony, “it is impossible to tell whether the court’s ruling affected [his] decision not to testify, whether the prosecution would have impeached him with his police statement, or whether this evidence would have affected the jury”); Jordan v. State, 591 A.2d 875, 876-78 (Md. 1991) (concluding that the appellate court could not review the defendant’s constitutional argument that the trial court erred by allowing the State to use his allegedly involuntary confession to impeach him because he elected not to testily); cf. People v. Boyd, 682 N.W.2d 459, 459-60 (Mich. 2004) (ruling that the defendant had to testify at trial to preserve for review his challenge to the trial court’s in limine ruling that allowed into evidence his post-arrest silence).
citation_b.signal: cf.
citation_b.identifier: 682 N.W.2d 459, 459-60
citation_b.parenthetical: ruling that the defendant had to testify at trial to preserve for review his challenge to the trial court's in limine ruling that allowed into evidence his post-arrest silence
citation_b.sentence: See, e.g., Wagner v. State, 347 P.3d 109, 109-10 (Alaska 2015) (declining to review the defendant’s claim that the trial court erred by allowing the State to impeach him with a statement obtained in violation of Miranda because, without his testimony, “it is impossible to tell whether the court’s ruling affected [his] decision not to testify, whether the prosecution would have impeached him with his police statement, or whether this evidence would have affected the jury”); Jordan v. State, 591 A.2d 875, 876-78 (Md. 1991) (concluding that the appellate court could not review the defendant’s constitutional argument that the trial court erred by allowing the State to use his allegedly involuntary confession to impeach him because he elected not to testily); cf. People v. Boyd, 682 N.W.2d 459, 459-60 (Mich. 2004) (ruling that the defendant had to testify at trial to preserve for review his challenge to the trial court’s in limine ruling that allowed into evidence his post-arrest silence).