HAYKEL

v.

CALIFORNIA

Citator

Cited By (19 total)

• United States v. Barnes, 604 F.2d 121 (2d Cir. 1979)
  …dict the government evidence referred to or the jury ‘naturally and necessarily’ would interpret the summation as a comment on the failure of the accused to testify. United States ex rel. Leak v. Follette, 418 F. 2d 1266 (2 Cir. 1969), cert. denied, 397 U.S. 1050, 90 S.Ct. 1388, 25 L.Ed.2d 665 (1970).” As in Bubar, so in Barnes, the prosecutor was not suggesting the absence of contradicting evidence that only the defendants could supply. Certainly, there were witnesses other than defendants who could have t…
• United States v. Flannery, 451 F.2d 880 (1st Cir. 1971)
  …ce is meaningless. . Although there is not unanimity as to when prejudice will be found, every circuit whose opinions we have examined agrees with the principle. See United States ex rel. Leak v. Follette, 2 Cir., 1969, 418 F. 2d 1266, cert. denied 397 U.S. 1050, 90 S.Ct. 1388, 25 L.Ed.2d 665; United States v. Day, 3 Cir., 1967, 384 F. 2d 464, 465-66; Peeples v. United States, 5 Cir., 1965, 341 F. 2d 60, 64-65, cert. denied 380 U.S. 988, 85 S.Ct. 1362, 14 L.Ed.2d 280; United States v. Parisi, 6 Cir., 1966,…
• United States v. Noah, 475 F.2d 688 (9th Cir. 1973)
  …to find in this a veiled comment on the defendant’s failure to testify even if in practical fact, although not in theory, no one else could controvert them.” United States ex rel. Leak v. Follette, 418 F. 2d 1266, 1270 (2nd Cir. 1969), cert. denied 397 U.S. 1050, 90 S.Ct. 1388, 25 L.Ed.2d 665 (1970); accord, United States v. Lepiscopo, 458 F. 2d 977 (10th Cir. 1972). Here the disputed comments were specifically directed to the lack of contradictory witnesses and contained no explicit reference to the failu…