P. v. Davis
Following trial, a jury found defendant and appellant Tedroy Davis (defendant) guilty of second degree murder and of being a felon in possession of a firearm. On appeal, defendant contends that during a rebuttal examination of one of the investigating detectives, the prosecutor committed Doyle[1] error when, on four separate occasions, she asked the detective improper questions about statements defendant made or failed to make after he invoked his right to counsel.
We hold that defendant forfeited each of the claims of Doyle error by failing to object to the questions in issue and request curative instructions. We do not reach defendant’s claim of ineffective assistance of counsel, as such a claim is more appropriately raised by way of a writ of habeas corpus. We therefore affirm the judgment of conviction.
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