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· 3/25/1992

United States v. Joe Henry Carter, Jr., Joseph Estel Hammack

Citations

  • 953 F.2d 1449

How courts have described this case

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

  • finding Doyle error harmless where “the story being impeached [was] essentially peripheral to [the defendant’s] defense”
  • explaining impact of Greer respecting instructions as “at least effective to prevent the prosecutorial misconduct ... from rendering the trial fundamentally unfair” and including instruction in plain error analysis for harm
  • analyzing government's comments made during cross-examination, but noting, \ [u]se of post-arrest silence for its substantive value is ... prohibited \ (emphasis added)
  • declining to reverse for Doyle violation under plain-error review where “the prosecutor mentioned [the defendant’s immediate post-arrest silence] only once very briefly in passing . . . and never emphasized it”
  • declining to reverse for Doyle violation under plain-error review where “the prosecutor mentioned [the defendant’s immediate post-arrest silence] only once very briefly in passing . . . and never emphasized it”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Garwood, Mahon

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.