· 1/11/2000
United States v. Timothy James Whitehead
Citations
- 200 F.3d 634
- 2000 Cal. Daily Op. Serv. 260
- 2000 Daily Journal DAR 341
- 2000 U.S. App. LEXIS 250
- 2000 WL 14447
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that State's usage of or comment on defendant's pre-Miranda, post-arrest silence is unconstitutional
- finding the same constitutional violation as here, but affirming the conviction under the plain error standard of review
- holding unconstitutional comment on post-arrest silence
- holding similar evidence was “overwhelming” and “determinative”
- finding harmless error where “physical evidence [is] virtually conclusive of guilt.”
- admission of evidence of defendant’s post-arrest, pre-Miranda silence “plainly infringed upon [defendant’s] privilege against self-incrimination” and warrants reversal as long as error affected outcome of proceeding
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas, Silverman, Wardlaw
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.