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U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett)

Relying on Carter v. Kentucky, 450 US 288, the Court held that the trial court had erred in failing to instruct the jury not to draw an adverse inference from the defendant's failure to testify after the defendant requested that instruction.

The Court also held that: "After thorough examination of ...

 

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