Whether courts must reverse for Griffin error without examining a prosecutor's comment in context and without finding prejudice

Brandon Sykes was convicted of capital murder for killing Keshia Sykes, his ex-wife. Defense counsel pursued a residual-doubt strategy, arguing that the State had “no idea how anything happened” in Keshia’s house the day she died. In rebuttal, the prosecutor agreed that he could not “know exactly what happened,” for “only two people in the world [] know what happened in that house. One of them’s dead, and the other one is sitting right there at the end of that table.” “[B]ut,” he added, “we can look at the facts in evidence.” Sykes did not object. In context, the remark was “perfectly proper.” United States v. Robinson , 485 U.S. 25, 33 n.5 (1988). Numerous courts have allowed comments just like it. But the lower court ignored the context and held that any “direct comment” on the decision not to testify violates the right against self-incrimination under Griffin v. California , 380 U.S. 609 (1965). It added that any uncured Griffin error “must be reversed” (App.23a) despite this Court repeatedly rejecting “a per se rule” of “automatic reversal,” United States v. Hasting, 461 U.S. 499, 508 (1983) (applying Chapman v. California , 386 U.S. 18 (1967)). The Court should summarily reverse on this question presented: 1. Whether courts must reverse for Griffin error without examining a prosecutor’s comment in context and without finding prejudice. Or the Court should grant the petition to decide: 2. Whether Griffin should be overruled. ii LIST OF PROCEEDINGS Supreme Court of Alabama, No. SC-2024-0395, Ex parte State of Alabama , order Sept. 12, 2025 (quashing petition for writ of certiorari), order Feb. 20, 2025 (granting petition for writ of certiorari). Court of Criminal Appeals of Alabama, No. CR2022-0546, Sykes v. State , order June 21, 2024 (denying rehearing), order May 3, 2024 (reversing and remanding for new trial). Circuit Court of Lamar County, No. CC-2019-144, State v. Sykes , order Apr. 5, 2022 (sentencing).