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GriffIn Vs. California

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  • US Supreme Court
  • Apr 28, 1965

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57 entries 4 linked 53 unlinked
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  1. Palko Vs. Connecticut US Supreme Court · Dec 06, 1937
  2. Malloy Vs. Hogan US Supreme Court · Jun 15, 1964
  3. Pointer Vs. Texas US Supreme Court · Apr 05, 1965
  4. Adamson Vs. California US Supreme Court · Jun 23, 1947
  5. U.S. 609 (1965) U.S. Supreme Court Griffin v. California
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  6. U.S. 609 (1965) Griffin v. California
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  7. Clause of the Fifth Amendment of the Federal Constitution, as made applicable to the States by the Fourteenth, Malloy v. Hogan
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  8. Self-Incrimination Clause of the Fifth Amendment which we made applicable to the States by the Fourteenth in Malloy v. Hogan
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  9. Page 380 U. S. 612 If this were a federal trial, reversible error would have been committed. Wilson v. United
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  10. That indeed is the fact, as the opinion of the Court in the Wilson case states. And see Adamson v. California
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  11. Page 380 U. S. 613 Bruno v. United
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  12. Murphy v. Waterfront
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  13. comment on the failure does not magnify that inference into a penalty for asserting a constitutional privilege. People v. Modesto
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  14. Id. p. 453, 42 Cal.Rptr., p. 427, 398 P.2d, p. 763. We said in Malloy v. Hogan
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  15. The California Supreme Court later held, in People v. Modesto
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  16. rule squared with Malloy v. Hogan
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  17. State v. Howard
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  18. New Jersey permits comment, State v. Corby
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  19. State v. Garvin
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  20. but its constitution contains no provision embodying the privilege against self-incrimination ( see Laba v. Newark
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  21. State v. White
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  22. The absence of an express constitutional privilege against self-incrimination also puts Iowa among the six. See State v. Ferguson
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  23. Iowa 361, 372-373, 283 N.W. 917, 923. Connecticut permits comment by the judge, but not by the prosecutor. State v. Heno
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  24. State v. Sandoval
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  25. Commonwealth v. Harlow
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  26. Commonwealth v. Scott
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  27. for, on a previous occasion, a majority of this Court indicated their acceptance of this proposition. In Adamson v. California
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  28. We reserve decision on whether an accused can require, as in Bruno v. United
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  29. take the stand in a criminal trial, a right accorded him by that amendment. And given last Term's decision in Malloy v. Hogan
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  30. doctrine is infecting the operation of the federal system. See my opinion concurring in the result in Pointer v. Texas
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  31. state procedures against standards of fundamental fairness as reflected in such landmark decision as Twining v. New
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  32. Page 380 U. S. 617 Jersey, 211 U. S. 78 , and Palko v. Connecticut
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  33. of GOLDBERG, J.). This approach to the requirements of federalism, not unlike that evinced by the Court in Henry v. Mississippi
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  34. Amendment does not, of its own force, forbid this kind of comment on a defendant's failure to testify. Twining v. New
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  35. See Bruno v. United
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  36. Wilson v. United
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  37. Cal.2d 182, 32 Cal.Rptr. 24, 383 P.2d 432. As this case was decided before Malloy v. Hogan
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  38. constitutionality of the California comment rule in a thoroughly reasoned opinion by Chief Justice Traynor. People v. Modesto
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  39. State v. Pearce
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  40. Tines v. Commonwealth
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  41. Hanks v. Commonwealth
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  42. U.S. Supreme Court Griffin v. California
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  43. the Fourteenth, Malloy v. Hogan
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  44. Bruno v. United
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  45. People v. Modesto
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  46. State v. Corby
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  47. State v. Garvin
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  48. Laba v. Newark
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  49. See State v. Ferguson
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  50. State v. Heno
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