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STATE OF MINNESOTA IN COURT OF APPEALS A11-6 State of Minnesota, Respondent, vs. Kenneth Maurice Johnson, Appellant. Filed January 30, 2012 Affirmed Schellhas, Judge Hennepin County District Court File No. 27-CR-10-6057 Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Lee W. Barry, Assistant County Attorney, Minneapolis, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender, Jodie L. Carlson, Assistant Public Defender, St. Paul, Minnesota (for appellant) Considered and decided by Bjorkman, Presiding Judge; Schellhas, Judge; and Collins, Judge.* SYLLABUS The Fifth Amendment does not prohibit the state, during its case-in-chief, from presenting evidence of a defendant's post-arrest, pre-Miranda silence when the state did not compel the defendant to speak or remain silent.

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Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,

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Minnesota Law