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United States Vs. Hale
Cites for this judgment
- US Supreme Court
- Jun 23, 1975
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U.S. 171 (1975) U.S. Supreme Court United States v. HaleSearch
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U.S. 171 (1975) United States v. HaleSearch
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impermissibly prejudiced his defense as well as infringed upon his constitutional right to remain silent under Miranda v. ArizonaSearch
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U. S. 436 . The Government, relying on Raffel v. UnitedSearch
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on the right to remain silent as to support an inference that his trial testimony was a later fabrication. Raffel v. UnitedSearch
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Grunewald v. UnitedSearch
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s prior silence impermissibly prejudiced his defense and infringed upon his right to remain silent under Miranda v. ArizonaSearch
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For this proposition, the Government relies heavily on this Court's decision in Raffel v. UnitedSearch
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Raffel is absent here. Rather, we find the circumstances of this case closely parallel to those in Grunewald v. UnitedSearch
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Our analysis of the probative value of silence before police interrogators is similar to that employed in Grunewald v. UnitedSearch
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Shepard v. UnitedSearch
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Compare United States v. SemensohnSearch
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United States v. BrinsonSearch
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Fowle v. UnitedSearch
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and Johnson v. PattersonSearch
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F.2d 1066 (CA10), cert. denied, 414 U.S. 878 (1973), with United States ex rel. Burt v. NewSearch
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and United States v. RamirezSearch
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reach the constitutional claim raised today, we need not decide whether the Raffel decision has survived Johnson v. UnitedSearch
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States, 318 U. S. 189 (1943), and Griffin v. CaliforniaSearch
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U. S. 609 (1965). See Grunewald v. UnitedSearch
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the result on constitutional grounds. A dubious aspect of the Court's opinion is to renew the dictum of Grunewald v. UnitedSearch
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U. S. 425 (1957) (concurring opinion). My view of this case is therefore controlled by Miranda v. ArizonaSearch
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accept the idea that Miranda loses its force in the context of impeaching the testimony of a witness. See Harris v. NewSearch
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at the time of arrest. MR. JUSTICE WHITE, concurring in the judgment. I am no more enthusiastic about Miranda v. ArizonaSearch
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was told he need not do, an unfavorable inference might be drawn as to the truth of his trial testimony. Cf. Johnson v. UnitedSearch
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U.S. Supreme Court United States v. HaleSearch
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Miranda v. ArizonaSearch
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Raffel v. UnitedSearch
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Burt v. NewSearch
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Johnson v. UnitedSearch
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and Griffin v. CaliforniaSearch
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See Grunewald v. UnitedSearch
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of Grunewald v. UnitedSearch
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See Harris v. NewSearch
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Cf. Johnson v. UnitedSearch
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