State v. Michael T.

Summary

The court affirmed the defendant’s convictions and sixty-year sentence, holding that the prosecutor’s questioning of the child victim and closing and rebuttal arguments did not constitute prosecutorial impropriety that deprived him of a fair trial. The court also held that the trial court was permitted, but not required, to use the statutory phrase “failure to testify,” and that the phrase did not violate the defendant’s constitutional right to remain silent. D’Auria, J., concurring, agreed with the judgment and reasoning but urged legislative clarification or adoption of a preferred neutral instruction.