· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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