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· 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 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.