State v. Edwardsen

In State v. Edwardsen, 146 Wis. 2d 198, 430 N.W.2d 604 (Ct. App. 1988), the defendant objected to the prosecutor commenting on his failure to testify, a violation of his constitutional right against self-incrimination. Id. at 212. The court of appeals upheld the conviction, noting that the defendant, in his own argument, had suggested a reason for his silence. Id. at 214. The court concluded that "in the instant case, the prosecution's comment constituted no more than a pertinent and measured reply to defendant's calling attention to his own failure to testify. As such, the comment did not violate constitutional prohibitions safeguarding defendant's right to remain silent." Id. at 215.