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

Michael Powell was convicted of capital murder for shooting a gas-station clerk, Tracy Algar, in the head during a robbery. While awaiting trial, Powell tried to frame another man by forging a confession letter. Among other things, the letter said, “I hid the gun” and “told [Powell] where to find [it].” Powell’s counsel argued there is “doubt all over the place” because the State had “no gun.” Again: “This case is riddled with doubt” because there’s “no gun.” In rebuttal, the prosecutor responded: “[T]here is only one person in this room who knows where the gun is. One person, he is sitting over there.” Powell objected. At a sidebar, the prosecutor explained his inference based on the letter, adding: “I am not going to say he didn’t tell us.” In context, the remark was “perfectly proper.” United States v. Robinson , 485 U.S. 25, 33 n.5 (1988). But the lower court ignored the context and held that any “direct comment” on the choice 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 “requires” reversal (App.24a) 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-2024-0529, Ex parte State of Alabama , order Sept. 12, 2025 (denying petition for writ of certiorari). Court of Criminal Appeals of Alabama, No. CR-200727, Powell v. State , order Aug. 9, 2024 (denying rehearing), order May 3, 2024 (reversing and remanding for new trial). Circuit Court of Shelby County, No. CC-16-942, State v. Powell , order June 24, 2021 (sentencing).