TANT

v.

NORTH CAROLINA

Citator

Cited By

• United States v. Hale, 422 U.S. 171 (U.S. 1975)
  …411 F. 2d 1057, 1060 (CA6 1969); Fowle v. United States, 410 F. 2d 48 (CA9 1969); and Johnson 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…
• United States v. Robinson, 485 U.S. 25 (U.S. 1988)
  …e jury upon the defendant’s failure to testify at his trial. Such a practice would place a price on the defendant’s invocation of his constitutional privilege — a price that would seriously undermine the value of that privilege.” Burt v. New Jersey, 414 U. S. 938, 938 (1973) (Douglas, J., dissenting from denial of certiorari). Wilson similarly rejects a case-by-case analysis in favor of a general prophylactic ban: “To prevent such presumption being created, comment, especially hostile comment, upon such pr…
• United States v. Alton R. Fairchild, 505 F.2d 1378 (5th Cir. 1975)
  …(D.C.C.1974). Johnson v. Patterson, 475 F. 2d 1066 (10th Cir.), cert. denied, 414 U.S. 878, 94 S.Ct. 64, 38 L.Ed.2d 124 (1973). We have, however, enlisted some support. United States ex rel. Burt v. New Jersey, 475 F. 2d 234 (3rd Cir.) cert. denied, 414 U.S. 938, 94 S.Ct. 243, 38 L.Ed.2d 165 (1973), Agnellino v. New Jersey, 493 F. 2d 714 (3rd Cir. 1974). . We recognize that some may argue that the exercise of a constitutional privilege may not be considered evidence of lack of cooperation. We would point o…