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· 3/23/1982

Fletcher v. Weir

Citations

  • 455 U.S. 603
  • 102 S. Ct. 1309
  • 71 L. Ed. 2d 490
  • 1982 U.S. LEXIS 84

How courts have described this case

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

  • holding that where postarrest Miranda warnings were not given, cross-examination as to postarrest silence does not violate due process when defendant chooses to take the stand
  • holding that due process does not preclude cross-examination of an accused as to his post-arrest silence in the absence of Miranda warnings or similar assurances
  • holding that due process does not preclude cross-examination of an accused as to his post-arrest silence in the absence of Miranda warnings or similar assurances
  • holding that the use of post-arrest, pre- Miranda silence for impeachment purposes does not violate the federal Constitution
  • holding that Doyle does not prohibit the government from commenting on a defendant’s post-arrest, but pre-Miranda warnings, silence
  • holding that it is not a violation of due process of law to impeach a testifying defendant with his post-arrest, pre-Miranda silence

Source: CourtListener parenthetical corpus (CC0).

Judges: Brennan, Marshall

Read full opinion on CourtListener

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.