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· 4/15/1858

Louisiana Mutual Insurance v. New Orleans Insurance

Citations

  • 13 La. Ann. 246

How courts have described this case

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

  • holding military judge erred by admitting, over objection of the accused, evidence of an accused’s silence in response to a friend’s question as to whether he had committed rape
  • holding military judge erred by admitting, over objection of the accused, evidence of an accused’s silence in response to a friend’s question as to whether he had committed rape
  • holding military judge erred by admitting, over objection of the accused, evidence of an accused’s silence in response to a friend’s question as to whether he had committed rape
  • interpreting the rule’s predecessor to mean “that silence by an accused who is under investigation will not logically support an inference of guilt.”
  • finding erroneous admission of evidence was not harmless where the evidence of a sexual assault came solely from the alleged victim and where her testimony was vigorously attacked
  • “The gist of [the predecessor to M.R.E. 304(a)(2), M.R.E. 304(h)(3),] is that silence by an accused who is under investigation will not logically support an inference of guilt.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Vookhies

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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.