POPPENHEIMER ET AL.

v.

TENNESSEE ET AL.

Citator

Cited By (47 total)

• United States v. Hale, 422 U.S. 171 (U.S. 1975)
  …on v. Patterson, 475 F. 2d 1066 (CA10), cert. denied, 414 U. S. 878 (1973), with United States ex rel. Burt v. New Jersey, 475 F. 2d 234 (CA3), cert. denied, 414 U. S. 938 (1973); and United States v. Ramirez, 441 F. 2d 950, 954 (CA5), cert. denied, 404 U. S. 869 (1971). Immediately following the exchange, the court cautioned the jury that the questioning was improper and that they were to disregard it. The Court of Appeals held that the error was not cured by this instruction, and the Government does not c…
• Chapman v. United States, 547 F.2d 1240 (5th Cir. 1977)
  …ndemn what this court had allowed in a series of decisions subsequent to Chapman’s trial but prior to Hale. See e. g., United States v. Quintana-Gomez, 488 F. 2d 1246 (5th Cir. 1974); United States v. Ramirez, 441 F. 2d 950 (5th Cir.), cert. denied, 404 U.S. 869, 92 S.Ct. 91, 30 L.Ed.2d 113 (1971).6 [*1244] B. Applicable Law Doyle did not spring full-blown from the Court’s collective brow, but rather traces its impressive lineage to fundamental principles of our jurisprudence. In Miranda v. Arizona, 384 U.…
• United States v. Alton R. Fairchild, 505 F.2d 1378 (5th Cir. 1975)
  …e cases, silence following Miranda warnings can be the type of act which is inconsistent with certain exculpatory trial testimony. In such cases evidence of the silence is admissible. United States v. Ramirez, 441 F. 2d 950 (5th Cir.), cert. denied, 404 U.S. 869, 92 S.Ct. 91, 30 L.Ed.2d 113 (1971), United States v. Quintana-Gomez, 488 F. 2d 1246 (5th Cir. 1974).7 But, to be admissible, keeping silence must be much more than ambiguous. It must appear to be an act blatantly inconsistent with the defendant’s t…