Kacz v. State
In the trial of an off-duty police officer for deadly conduct, the court should not have granted a mistrial when the State inquired about the
defendant's invocation of his right to remain silent and his right to
counsel. The prosecutor never asked the witness if the defendant actually
invoked his right to silence; he merely mentioned that the defendant
stopped talking. The witness never answered the State's question about
remaining silent and the right to counsel, so the jury never heard
whether the defendant had invoked any constitutional rights.
