Maxon v. Bell

Jeffrey Maxon (defendant) was accused of molesting his stepdaughter, and a police officer called and asked him to come to the station to give his side of the story. Maxon agreed to appear but never showed up. At trial, over Maxon's Fifth Amendment objection, the officer testified about Maxon's failure to appear, and the prosecutor argued this showed the thoroughness of the investigation. Maxon was convicted, exhausted his state appeals, and filed a federal habeas petition arguing the testimony about his silence violated his right to remain silent.