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032742P.pdf   05/10/2004  United States  v.  Richard L. Davis
   U.S. Court of Appeals Case No:  03-2742
   Eastern District of Missouri   
Criminal case - criminal law. District court erred in granting defendant a new trial based on its conclusion that the government had improperly shifted the burden of proof; government's question to defendant as to why he had not worn to trial the pants he claimed to have worn on the night of his arrest was not an improper comment on a Fifth Amendment right and could not serve as the basis for granting a new trial. [PUBLISHED] [Melloy, Author]