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defendantappealtrialverdicttestimonymotionhabeas corpusprosecutor
defendantappealhabeas corpusprosecutor

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McGahee v. Massey, 667 F.2d 1357

Facts

Robert C. McGahee was convicted of rape by a Brevard County jury on April 26, 1974, and sentenced to six months to thirty years. After exhausting state remedies, he filed a petition for writ of habeas corpus, claiming the trial court erred in admitting testimony of prior incidents of indecent exposure, that the prosecutor's comments on his failure to testify violated his Fifth Amendment rights, and that the trial court erred in denying his motion for a directed verdict of acquittal. The District Court granted the writ based on the prosecutor's comments.

Robert C. McGahee was convicted of rape on April 26, 1974, by a Brevard County jury and was sentenced to a term of six months to thirty years.

Issue

Did the prosecutor's comments during closing argument constitute an impermissible comment on the defendant's Fifth Amendment right to remain silent, and was the admission of prior incidents of indecent exposure proper?

A confrontation between the defendant's belatedly asserted fifth amendment right to remain silent and the prosecutor's ability to present fair comment on the evidence sets the legal stage for this appeal.

Rule

A defendant waives their Fifth Amendment right by voluntarily testifying, allowing the prosecution to comment on their failure to explain incriminating evidence. Testimony of prior incidents can be admitted to establish identity and method of operation in a subsequent crime.

The fifth amendment is a sacred shield. It is one of the cornerstones of the fortress protecting our liberties. However, it is a shield which must be raised by affirmative action.

Analysis

The court found that McGahee waived his Fifth Amendment right by testifying about his whereabouts on a date relevant to the case, which allowed the prosecution to comment on his failure to address the rape incident. The court also determined that the testimony regarding prior incidents was relevant to establish McGahee's identity and method of operation, thus properly admitted under Florida law.

By testifying on the issue of identity, we find the defendant waived his fifth amendment right, thereby granting the prosecution the opportunity to present fair comment on the defendant's failure to address incriminating evidence properly before the jury.

Conclusion

The appellate court vacated the District Court's order granting habeas corpus relief and remanded the case for the entry of an appropriate order denying relief.

The District Court's order granting habeas corpus is therefore VACATED and the case REMANDED for the entry of an appropriate order denying relief.

Who won?

The State of Florida prevailed in the appeal because the appellate court found that the prosecutor's comments did not violate McGahee's Fifth Amendment rights and that the evidence was sufficient to support the conviction.

The State of Florida appeals from the grant of a writ of habeas corpus by the Middle District of Florida on October 15, 1980.

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