SIEGEL

v.

NEW YORK ET AL.

Citator

Cited By

• United States v. LeQUIRE, 943 F.2d 1554 (11th Cir. 1991)
  …ded to comment on the defendant's silence or was of such character that a jury would naturally and necessarily construe it as a comment on the defendant’s silence. United States v. Stuart-Caballero, 686 F. 2d 890, 892 (11th Cir.1982), cert. denied, 459 U.S. 1209, 103 S.Ct. 1202, 75 L.Ed.2d 444 (1983). See also United States v. Carrodeguas, 747 F. 2d 1390, 1395 (11th Cir.1984), cert. denied, 474 U.S. 816, 106 S.Ct. 60, 88 L.Ed.2d 49 (1985) (“test ... is whether or not the statement was manifestly intended o…

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• United States v. Griggs, 735 F.2d 1318 (11th Cir. 1984)
  …nly from the defendant. Then, a failure of the defense to present evidence is equivalent to the failure of the defendant to testify. This is the situation here. In United States v. Stuart-Caballero, 686 F. 2d 890, 892 (11th Cir.1982), cert. denied, 459 U.S. 1209, 103 S.Ct. 1202, 75 L.Ed.2d 444 (1983), our court adopted an alternative test to evaluate comment on the defendant’s failure to testify in instances where he alone could provide contradictory evidence. Prosecutorial comment is improper if the defens…
• United States v. Lopez, 761 F.2d 632 (11th Cir. 1985)
  …d to include cargo holds, United States v. Williams, 617 F. 2d 1063 (5th Cir.1980); ice holds, United States v. DeWeese, 632 F. 2d 1267 (5th Cir.1980); and engine rooms, United States v. Stuart-Caballero, 686 F. 2d 890 (11th Cir.1982), cert. denied, 459 U.S. 1209, 103 S.Ct. 1202, 75 L.Ed.2d 444 (1983). This does not mean, however, that a sailor lacks an expectation of privacy in any area of a ship; living and sleeping quarters of the crew, United States v. Whitmire, 595 F. 2d 1303, 1312 (5th Cir.1979), and p…