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Brooks Vs. Tennessee

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  • US Supreme Court
  • Jun 07, 1972

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53 entries 5 linked 48 unlinked
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  1. Malloy Vs. Hogan US Supreme Court · Jun 15, 1964
  2. GriffIn Vs. California US Supreme Court · Apr 28, 1965
  3. Spevack Vs. Klein US Supreme Court · Jan 16, 1967
  4. New State Ice Co. Vs. Liebmann US Supreme Court · Mar 21, 1932
  5. Thiede Vs. Utah US Supreme Court · Nov 11, 1895
  6. U.S. 605 (1972) U.S. Supreme Court Brooks v. Tennessee
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  7. U.S. 605 (1972) Brooks v. Tennessee
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  8. holding that a trial court does not abuse its discretion by requiring the defendant to testify first. United States v. Shipp
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  9. Spaulding v. United
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  10. down the rule as an impermissible restriction on the defendant's freedom of choice. In the leading case of Bell v. State
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  11. Id. at 194, 5 So. at 389. In Nassif v. District
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  12. impeachment purposes that would be excluded from the State's case in chief because of constitutional defects. Harris v. New
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  13. we also regard the Tennessee rule as an infringement on the defendant's right of due process as defined in Ferguson v. Georgia
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  14. the guiding hand of counsel at every step in the proceedings against him,' Powell v. Alabama
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  15. him from the stand for failing to testify first. The State makes no claim that this was harmless error, Chapman v. California
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  16. holds that this statute does not give the defendant in a criminal case the right to take a discovery deposition. Craig v. State
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  17. by defendant concerning new matters, but may also preclude testimony offered in rebuttal of State's witnesses. Arnold v. State
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  18. to testify first for the State if he chooses to remain in the courtroom after other witnesses are sequestered. Smartt v. State
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  19. as more than minimally important. It has long been the rule in Tennessee that the statute may be waived, see Martin v. State
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  20. Nor was the jury authorized or encouraged to draw perhaps unwarranted inferences from his silence, as in Griffin v. California
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  21. Petitioner was clearly not subjected to the obvious compulsion of being held in contempt for his silence, as in Malloy v. Hogan
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  22. in the absence of his testimony, the force of the State's evidence may lead the jury to convict. Cases such as Spevack v. Klein
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  23. U. S. 511 (1967), and Gardner v. Broderick
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  24. clearly inapposite. That should end the matter. However, the Court distorts both the context and content of Malloy v. Hogan
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  25. conclusion Page 406 U. S. 615 of a criminal trial. But, as the Court pointed out only last Term in McGautha v. California
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  26. the privilege and take the stand in order to avoid the possible imposition of the death penalty. See also Williams v. Florida
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  27. of counsel, yet this Court has never questioned such a rule and reaffirmed its validity only last Term. See McGautha v. California
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  28. try what others have not tried or will not try. New State Ice Co. v. Liebmann
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  29. Fay v. New
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  30. dominant role for defense counsel than that indicated by the language of the Constitution. While cases such as Gideon v. Wainwright
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  31. of the order of proof at trial is a matter primarily entrusted to the discretion of the trial court. See, e.g., Thiede v. Utah
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  32. Nelson v. United
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  33. Horowitz v. Bokron
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  34. Small v. State
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  35. U.S. Supreme Court Brooks v. Tennessee
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  36. of Bell v. State
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  37. In Nassif v. District
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  38. Harris v. New
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  39. Ferguson v. Georgia
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  40. Powell v. Alabama
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  41. Craig v. State
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  42. Arnold v. State
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  43. Smartt v. State
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  44. Martin v. State
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  45. and Gardner v. Broderick
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  46. of Malloy v. Hogan
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  47. Williams v. Florida
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  48. Term. See McGautha v. California
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  49. Fay v. New
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  50. Gideon v. Wainwright
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