Weis v. Pali Momi Medical Center

How courts have described this case

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

• “sentencing court may not draw a negative inference of lack of remorse from the defendant’s silence at sentencing where he has maintained, throughout the proceedings, that he did not commit the offense of which he stands convicted — i.e. that he is actually innocent”
• when defendant continues to maintain his innocence, court may not draw negative inference of lack of remorse from defendant's silence at sentencing
• when defendant continues to maintain his innocence, court may not draw negative inference of lack of remorse from defendant’s silence at sentencing
• ‘‘[W]e cannot uphold a sentence that is based on a refusal to admit guilt. To do so would reflect an inquisitorial system of justice rather than our adversarial system.’’

Source: CourtListener parenthetical corpus (CC0).