Search | Punch and Jurists

Doyle v. Ohio, No. 75-5014 (U.S. Supreme Court) (426 U.S. 610; 96 S.Ct. 2240) (June 17, 1976) (Justice Powell)

Article • September 9, 2005

Filed under: Punch And Jurists, Comments on Defendant's Silence

Doyle v. Ohio, No. 75-5014 (U.S. Supreme Court) (426 U.S. 610; 96 S.Ct. 2240) (June 17, 1976) (Justice Powell) by In this case, the Court held that the Due Process Clause prohibits the Government from using a defendant's post-arrest, post-Miranda silence to create an inference of guilt for two reasons: …

U.S. v. Hale, No. 74-364 (U.S. Supreme Court) (422 U.S. 171; 95 S.Ct. 2133) (June 23, 1975) (Justice Marshall)

Article • October 18, 2002

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Hale, No. 74-364 (U.S. Supreme Court) (422 U.S. 171; 95 S.Ct. 2133) (June 23, 1975) (Justice Marshall) by A third-party went to the police to report a robbery, and the police took him to the scene of the attack, where he identified the defendant, William Hale, as his …

Greer v. Miller, No. 85-2064 (U.S. Supreme Court) (483 U.S. 756; 107 S.Ct. 3102) (June 26, 1987) (Justice Powell)

Article • August 27, 2002

Filed under: Punch And Jurists, Comments on Defendant's Silence

Greer v. Miller, No. 85-2064 (U.S. Supreme Court) (483 U.S. 756; 107 S.Ct. 3102) (June 26, 1987) (Justice Powell) by Here a divided Court held that a prosecutor's prejudicial comment about the defendant's post-arrest silence did not infect the trial with unfairness because the weight of the evidence against the …

U.S. v. Velarde-Gomez, No. 99-50602 (9th Cir.) (269 F.3d 1023) (October 23, 2001) (Judge Kim McLane Wardlaw)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Velarde-Gomez, No. 99-50602 (9th Cir.) (269 F.3d 1023) (October 23, 2001) (Judge Kim McLane Wardlaw) by In this case the defendant was convicted of importing 63 pounds of marijuana into the United States, after customs officials found the drugs secreted in the gas tank of the car he …

U.S. v. Rodriguez, No. 99-10982 (5th Cir.) (260 F.3d 416) (July 30, 2001) (Judge James L. Dennis)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Rodriguez, No. 99-10982 (5th Cir.) (260 F.3d 416) (July 30, 2001) (Judge James L. Dennis) by In a decision that doubles as a quick refresher course on the topic, the Fifth Circuit held that the defendant’s right to due process was violated when the trial court (Judge Means) …

Griffin v. California, No. 202 (U.S. Supreme Court) (380 U.S. 609; 85 S.Ct. 1229) (April 28, 2065) (Justice Douglas)

Article • July 2, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Griffin v. California, No. 202 (U.S. Supreme Court) (380 U.S. 609; 85 S.Ct. 1229) (April 28, 2065) (Justice Douglas) by Here the Court held that the Fifth Amendment, in its direct application to the Federal Government, and in its bearing on the States by reason of the Fourteenth Amendment, forbids …

Jenkins v. Anderson, No. 78-6809 (U.S. Supreme Court) (447 U.S. 231; 100 S.Ct. 2124) (June 10, 1980) (Justice Powell)

Article • July 1, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Jenkins v. Anderson, No. 78-6809 (U.S. Supreme Court) (447 U.S. 231; 100 S.Ct. 2124) (June 10, 1980) (Justice Powell) by In this case, the prosecutor in a first-degree murder trial, during cross-examination and again in closing argument, attempted to impeach the defendant’s claim of self-defense by suggesting that he would …

U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw) by Combs v. Coyle, 205 F.3d 269 (6th Cir. 2/23/00) (Judge Moore) United States v. Whitehead, 200 F.3d 634 (9th Cir. 2000) (Judge Wardlaw) Both of these cases deal with the ever-encroaching danger …

Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore) by Here the Sixth Circuit held that prosecutorial comment on a defendant’s pre-arrest silence violates his rights under the Self-Incrimination Clause, an issue on which the Circuits are radically divided. Combs v. Coyle, …

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

Article • October 16, 1999

Filed under: Punch And Jurists, Comments on Defendant's Silence

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

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Comments on Defendant's Silence

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by Here the Court held that a prosecutor's statements during closing arguments in the sentencing phase of a capital murder trial referring to defendant's failure to show remorse did not violate the Fifth …

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides) by Here the Court held that defense counsel's question to his client "Would you like to take the stand and testify?" was improper, but in view of instructions to the jury, the comment …

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes) by Among the many issues raised in this awful rape case was one intriguing question: whether the prosecutor had violated the defendant's constitutional rights by insinuating to the jury for the …

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

Agard v. Portuondo, No. 96-2281, No. 336 (2nd Cir.) (117 F.3d 696) (July 3, 1997) (Judge James L. Oakes) by Among the many issues raised in this awful rape case was one intriguing question: whether the prosecutor had violated the defendant's constitutional rights by insinuating to the jury for the …

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (110 F.3d 99) (April 15, 1997) (Per Curiam)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (110 F.3d 99) (April 15, 1997) (Per Curiam) by

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum) by United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle) United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum) With so few criminal cases going to trial these …

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle) by United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle) United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum) With so few criminal cases going to trial these …

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle) by Case held it was improper to comment on the defendant's post-arrest silence, but ruled the error was harmless.