· 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 CourtListenerSourced 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.