· 2/11/1994
United States v. Maurice v. Gant
Citations
- 17 F.3d 935
- 1994 U.S. App. LEXIS 2428
- 1994 WL 39405
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that, while “the reason for an arrestee’s post-Miranda silence is [usually] insolubly ambiguous,” a defendant may open the door to impeachment with silence “by his own remarks about his post-arrest behavior or by defense counsel’s questioning”
- recognizing that, while “the reason for an arrestee’s post-Miranda silence is [usually] insolubly ambiguous,” a defendant may open the door to impeachment with silence “by his own remarks about his post-arrest behavior or by defense - 15 - counsel’s questioning”
- government crossed the fine fine between impeachment and inference of guilt, but error harmless
- “[T]he less believable the defense, . . . the more likely the conclusion that the constitutional error did not contribute to the conviction.” (citation omitted)
- “[T]he less believable the 9 defense, . . . the more likely the conclusion that the constitutional error did not contribute to the conviction.”
- “[T]he government may use [a] defendant’s silence for the limited purpose of impeaching his testimony; it may not argue that the defendant’s silence is inconsistent with his claim of innocence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Bauer, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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