· 12/20/1991
United States v. Cecil L. Burson
Citations
- 952 F.2d 1196
- 34 Fed. R. Serv. 1060
- 69 A.F.T.R.2d (RIA) 371
- 1991 U.S. App. LEXIS 29612
- 1991 WL 269831
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that admission of evidence of defendant’s refusal to answer questions prior to arrest or Miranda warnings violated his right to remain silent
- finding the error harmless in part because reference to pre-arrest silence was “an afterthought” of testifying agent and had “little probative value”
- finding error in eliciting testimony of two Internal Revenue Service agents regarding the defendant’s silence but finding error harmless
- “[0]nce a defendant invokes his right to remain silent, it is impermissible for the prosecution to refer to any Fifth Amendment rights which defendant exercised.”
- \The invocation of the privilege against self-incrimination must be given a liberal construction.\
- admission into evidence of defendant’s pre-arrest, pre-Miranda refusal to answer questions constituted plain error
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Brorby, Carrigan
Read full opinion on CourtListenerSourced 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.