Rose v. American Family Ins. Co.

How courts have described this case

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

• holding that prosecuto-rial references to a defendant’s silence are permissible when they are a “fair response to a claim made by defendant or his counsel”
• holding that where \the prosecutor's reference to the defendant's opportunity to testify is a fair response to a claim made by defendant or his counsel\ there is no violation of the privilege against self-incrimination
• holding that defendant’s Fifth Amendment rights were not violated by prosecutor’s comments on failure of defendant to testify that were responsive to defense’s argument that defendant had not had opportunity to tell story
• holding that the prosecutor can refer to the defendant’s silence at trial when defense counsel argued that his client was precluded from telling his side of the story
• holding that the privilege against self-incrimination is not violated when the prosecutor’s reference to the defendant’s silence is a “fair response to a claim made by defendant or his counsel”
• noting that counsel's failure to object contemporaneously suggests that the arguer's statement is not ambiguous

Source: CourtListener parenthetical corpus (CC0).