context: On several occasions, this Court has commented that it is improper for a prosecutor to ask the court members to infer guilt because an accused has exercised his constitutional rights.
citation_a.signal: see
citation_a.identifier: 39 MJ 259, 262
citation_a.parenthetical: improper to comment on appellant's refusal to consent to search
citation_a.sentence: See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refusal to consent to search); United States v. Toro, 37 MJ 313, 318 (CMA 1993) (improper to comment of exercise of right to remain silent); United States v. Edwards, 35 MJ 351, 355 (CMA 1992) (improper to comment on refusal to plead guilty); United States v. Clifton, 15 MJ 26, 29 (CMA 1983) (improper to argue that accused “asserted his rights” and “fought this every inch of the way”); see also United States v. Causey, 37 MJ 308, 311 (CMA 1993) (improper to urge members to reject innocent ingestion defense in drug cases in order to deter others from making similar claims).
citation_b.signal: see also
citation_b.identifier: 37 MJ 308, 311
citation_b.parenthetical: improper to urge members to reject innocent ingestion defense in drug cases in order to deter others from making similar claims
citation_b.sentence: See United States v. Turner, 39 MJ 259, 262 (CMA 1994) (improper to comment on appellant’s refusal to consent to search); United States v. Toro, 37 MJ 313, 318 (CMA 1993) (improper to comment of exercise of right to remain silent); United States v. Edwards, 35 MJ 351, 355 (CMA 1992) (improper to comment on refusal to plead guilty); United States v. Clifton, 15 MJ 26, 29 (CMA 1983) (improper to argue that accused “asserted his rights” and “fought this every inch of the way”); see also United States v. Causey, 37 MJ 308, 311 (CMA 1993) (improper to urge members to reject innocent ingestion defense in drug cases in order to deter others from making similar claims).