DAMEION ROBINSON v. DAVID CRIST, WARDEN, MCF — STILLWATER

How courts have described this case

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

• “because this claim apparently was not adjudicated by the [state] court, we likely should apply the pre-AEDPA standard of review.”
• where the defendant’s contention of violation of his right against self-incrimination was “tenuous at best,” this instruction was “an additional safeguard” that demonstrated that there was no substantial and injurious effect to the alleged reference to the defendant’s failure to testify
• for “indirect” comments, the defendant must show either that the prosecutor’s intent was to call attention to the defendant’s failure to testify or must show that the comment would naturally and necessarily be taken by the jury as a comment on the defendant’s failure to testify

Source: CourtListener parenthetical corpus (CC0).