Fred Velarde v. Ken Shulsen, Warden

How courts have described this case

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

• concluding chance of prejudice greater when comment on silence occurs in one-day trial, with no curative instruction
• noting prosecutor’s inquiries into defendant’s silence “take on greater significance” in light of short trial lasting only one day
• “where the very essence of a case is the jury’s evaluation of defendant’s credibility, the admission of tainted evidence [damaging the defendant’s credibility] cannot be considered harmless”
• “where the very essence of a case is the jury’s evaluation of defendant’s credibility, the admission of tainted evidence [damaging the defendant’s credibili ty] cannot be considered harmless”

Source: CourtListener parenthetical corpus (CC0).