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U.S. v. Waller, No. 10-1321 (3rd Cir.) (654 F.3d 430) (August 16, 2011) (Judge Michael A. Chagares)

Loaded on Nov. 28, 2011 published in Punch and Jurists November 28, 2011
Filed under: Punch And Jurists.

Here the Court held that a jury instruction inviting the jury to consider any statements “made or omitted by the defendant” invited the jury to consider his post-arrest, post-Miranda warnings silence, in violation of his Fifth Amendment rights.

In this case, the Third Circuit held that it was reversible error …

 

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More from this issue:

  1. U.S. v. Massenburg, No. 10-4209 (4th Cir.) (654 F.3d 480) (August 15, 2011) (Judge Andre M. Davis)
  2. U.S. v. Waller, No. 10-1321 (3rd Cir.) (654 F.3d 430) (August 16, 2011) (Judge Michael A. Chagares)
  3. Schneyder v. Smith, No. 10-2367 (3rd Cir.) (653 F.3d 313) (July 29, 2011) (Judge D. Brooks Smith)
  4. Latif v. Obama, No. 10-5319 (D.C. Cir.) (666 F.3d 746) (October 14, 2011) (Judge Janice Rogers Brown)
  5. U.S. v. Daniels, No. 09-1386 (6th Cir.) (653 F.3d 399) (July 7, 2011) (Judge Danny J. Boggs)
  6. In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (825 F.Supp.2d 203) (November 21, 2011) (Judge Emmet G. Sullivan)

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