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Supreme Court· 3/9/1981

Carter v. Kentucky

Citations

  • 450 U.S. 288
  • 101 S. Ct. 1112
  • 67 L. Ed. 2d 241
  • 1981 U.S. LEXIS 77

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a trial court must give a \no adverse inference\ instruction when requested to do so
  • holding that the fifth amendment requires instruction, upon request, that juiy not draw adverse inferences from the defendant's failure to testify
  • holding that a trial court must give a \no adverse inference\ instruction when requested to do so
  • holding that if a defendant requests it, a trial judge must instruct a jury that no adverse inference can be drawn from a defendant’s failure to testify
  • indicating that the final instructions “shall be submitted to the parties, who shall make all objections thereto before they are given to the jury” (emphasis added)
  • noting that it is “arguable” that refusing to give a “no adverse inference instruction” is “never” harmless

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, Burger, Brennan, White, Marshall, Blackmun, Powell, Stevens, Rehnquist

Read full opinion on CourtListener

Cited by

363 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Carter v. Kentucky

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.