People v. Pinkett

Summary

The Illinois Supreme Court held that the State improperly commented on Pinkett’s postarrest silence during opening statement because, under Illinois evidentiary law, the silence was neither material nor relevant to guilt, particularly where officers ordered him to remain silent and not make a scene. The court further held that the resulting error was not harmless because the comments were used to suggest consciousness of guilt and the evidence of willful evasion was not overwhelming. The court affirmed the appellate court’s reversal of the circuit court’s judgment and remanded for a new trial.