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Lakeside v. Oregon, No. 76-6942 (U.S. Supreme Court) (435 U.S. 333; 98 S.Ct. 1091) (March 22, 1978) (Justice Stewart)

The Court ruled that the instruction does not improperly "comment" on the defendant's invocation of his constitutional rights. The Court reasoned that the very purpose of the instruction was "to remove from the jury's deliberations any influence of unspoken adverse inferences." (Id., at 339).

Here the Court held that a ...

 

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