Georgia State's Comment Upon a Defendant's Silence

In Mallory v. State, 261 Ga. 625, 630 (5) (409 SE2d 839) (1991), the Georgia Supreme Court held that it is improper for the State to "comment upon a defendant's silence or failure to come forward" even if the defendant testified at trial or had not received Miranda warnings. Id. The Court later held that "the rule prohibiting comments regarding prearrest silence is properly limited to a defendant's silence in the face of questions by an agent of the State or his failure to come forward when he knew that he was the target of a criminal investigation." Morrison v. State, 251 Ga. App. 161, 164 (3) (554 SE2d 190) (2001). See also Roebuck v. State, 261 Ga. App. 679, 684 (4) (583 SE2d 523) (2003); Glidewell v. State, 279 Ga. App. 114, 123-124 (7) (d) (630 SE2d 621) (2006).