DAVIS ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Flaherty, 668 F.2d 566 (1st Cir. 1981)
  …the language used was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify. Davis v. United States, 357 F_.2d 438, 441 (5th Cir.), cert. denied, 385 U.S. 927, 87 S.Ct. 284, 17 L.Ed.2d 210 (1966), quoting Knowles v. United States, 224 F. 2d 168, 170 (10th Cir. 1955). We have already adopted this test for evaluating comments by the prosecutor. Borodine v. Douzanis, 592 F. 2d 1202, 1210 (1st Cir. 1979); L…
• United States v. Rocha, 916 F.2d 219 (5th Cir. 1990)
  …defendant’s failure to testify in a criminal trial. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965); Rogers v. Lynaugh, 848 F. 2d 606, 609 (5th Cir.1988); Davis v. United States, 357 F. 2d 438, 441 (5th Cir.), cert. denied, 385 U.S. 927, 87 S.Ct. 284, 17 L.Ed.2d 210 (1966). In determining whether reversal is necessary, this Court must analyze the facts and circumstances of the case. The test for determining if a constitutional violation has occurred is whether “the language used wa…
• United States v. Mahanna, 461 F.2d 1110 (8th Cir. 1972)
  …rights under the Fifth Amendment. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965).” We agree, however, with the Fifth Circuit wherein it said in Davis v. United States, 5 Cir., 1966, 357 F. 2d 438, 441, cert. denied, 1966, 385 U.S. 927, 87 S.Ct. 284, 17 L.Ed.2d 210: “The facts and circumstances of each case must be carefully analyzed to determine ‘whether the language used was manifestly intended or was of such character that the jury would [*1115] naturally and necessarily take…