· 1/15/1992
United States v. Demetrio J. Hernandez and Wayne Parrish
Citations
- 948 F.2d 316
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a prosecutor‘s commentary on a defendant‘s post-arrest, pre-Miranda silence violated the defendant‘s Fifth Amendment privilege
- noting that defendant did not suffer the \inherent prejudice\ of \unwarranted interference by the court\
- noting that petitioner who withdrew guilty plea could not claim prejudice from that plea
- finding comments during the government’s case-in-chief regarding the defendant’s refusal to speak with arresting officers violated the defendant’s right to remain silent
- \A defendant's silence before Miranda warnings is admissible to impeach the defendant.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Flaum, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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