Supreme Court· 4/5/1999

Mitchell v. United States

Citations

526 U.S. 314
119 S. Ct. 1307
143 L. Ed. 2d 424
1999 U.S. LEXIS 2348

How courts have described this case

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

holding that the right to remain silent applies during sentencing and a \court may not draw an adverse inference from the defendant's silence\
holding that Fifth Amendment privilege against self-incrimination is not waived by entry of guilty plea but is relinquished after sentencing is complete
holding that Fifth Amendment privilege against self‐incrimination is not waived by entry of guilty plea but is relinquished after sentencing is complete
recognizing that “[w]here the sentence has not yet been imposed a defendant may have a legitimate fear of adverse consequences from further testimony”
holding defendants may assert the right to remain silent at sentencing
applying Fifth Amendment privilege to sentencing phase of adult criminal proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Stevens, Souter, Ginsburg, Breyer, Scalia, Rehnquist, O'Connor, Thomas

Read full opinion on CourtListener

Cited by

446 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Mitchell v. United States

360 other CourtListener records share this case name; the 50 most cited are listed.

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.