Skip to main content
· 8/9/1939

Petition 5777-R of Red Line Commercial Co.

Citations

  • 3 Cust. Ct. 347

How courts have described this case

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

  • holding that prosecutorial comment on a defendant’s failure to take the stand is an unconstitutional burden on his right not to testify
  • holding that a prosecutor’s comment on the defendant’s failure to testify violates the Fifth Amendment
  • holding that a prosecutor’s direct reference to a criminal defendant’s failure to testify is a violation of the defendant’s Fifth Amendment privilege against compelled self-incrimination
  • holding that a criminal defendant must not pay any court-imposed price for the exercise of his right not to testify in his own defense
  • holding that the Fifth Amendment prohibits a prosecutor from asking a jury to infer a defendant’s guilt based upon his decision not to testify
  • holding that comment on refusal to testify violates Fifth Amendment to the United States Constitution

Source: CourtListener parenthetical corpus (CC0).

Judges: Kincheloe

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.