HARDEN

v.

UNITED STATES

Citator

Cited By

• United States v. Teague, 953 F.2d 1525 (11th Cir. 1992)
  …telle, 672 F. 2d 451, 452-53 (5th Cir.) (noting that state trial judge’s colloquy with defendant regarding waiver of right to testify was "a model of appropriate judicial concern for the constitutional rights of a criminal defendant”), cert. denied, 459 U.S. 1019, 103 S.Ct. 383, 74 L.Ed.2d 514 (1982). The majority expresses concern over requiring the trial court to discuss the right to testify with the defendant because such a requirement “would unnecessarily intrude into the attorney-client relationship an…
• United States v. Martinez, 883 F.2d 750 (9th Cir. 1989)
  …right. The defendant should also be informed that he has a constitutional right not to testify and that a decision to take the stand waives the privilege against self-incrimination. See Hollenbeck v. Estelle, 672 F. 2d 451 (5th Cir.), cert. denied, 459 U.S. 1019, 103 S.Ct. 383, 74 L.Ed.2d 514 (1982); People v. Curtis, 681 P. 2d 504, 514 (Colo.1984). The defendant should be questioned to ascertain whether he understands the ramifications of the decision to testify (i.e. that the prosecution can cross-exami…
• United States v. Alexander, 743 F.2d 472 (7th Cir. 1984)
  …ourt refused to allow preclusive effects between habeas cases as an undue impingement upon the discretionary decisions of district attorneys based upon "a variety of factors, some of which are unrelated to the legal issues in a case”), cert. denied, 459 U.S. 1019, 103 S.Ct. 382, 74 L.Ed.2d 514. Furthermore, collateral estoppel in this context would affect seriously the executive branch decisions to enforce regulatory schemes. If an administrative decision against the Government precluded subsequent prosecut…