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James Vs. Kentucky
Cites for this judgment
- US Supreme Court
- Apr 18, 1984
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U.S. 341 (1984) U.S. Supreme Court James v. KentuckySearch
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U.S. 341 (1984) James v. KentuckySearch
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was convicted, and on appeal he argued that the trial judge's refusal to charge the jury as requested violated Carter v. KentuckySearch
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Staub v. CitySearch
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J., took no part in the decision of the case. JUSTICE WHITE delivered the opinion of the Court. In Carter v. KentuckySearch
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trial judge's refusal to tell the jury not to draw an adverse inference from his failure to testify violated Carter v. KentuckySearch
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be statements of blackletter law, the latter cautionary statements regarding the jury's conduct. See generally Webster v. CommonwealthSearch
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Miller v. NoellSearch
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include statements to the jury requiring it to disregard certain testimony, Perry v. CommonwealthSearch
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Stallings v. CommonwealthSearch
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S.W.2d 4, 5 (Ky.1977), to consider particular evidence for purposes of evaluating credibility only, Harris v. CommonwealthSearch
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Lynch v. CommonwealthSearch
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S.W.2d 263, 266 (Ky.App.1971), and to consider evidence as to one codefendant only, Ware v. CommonwealthSearch
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Webster v. CommonwealthSearch
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to instruct or to admonish the jury on a particular point, indicating that either was a possibility. E.g., Caldwell v. CommonwealthSearch
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Reeves v. CommonwealthSearch
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S.W.2d 926, 930, cert. denied, 404 U.S. 836 (1971). See also Bennett v. HortonSearch
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Carson v. CommonwealthSearch
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an adverse inference, Kentucky's highest court did not distinguish admonitions from instructions. See, e.g., Luttrell v. CommonwealthSearch
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Scott v. CommonwealthSearch
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Green v. CommonwealthSearch
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Dixon v. CommonwealthSearch
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Jones v. CommonwealthSearch
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Roberson v. CommonwealthSearch
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citing Hanks v. CommonwealthSearch
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Freeman v. CommonwealthSearch
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of Appeals has found no error where the trial court gave oral explanations of its written instructions. E.g., Allee v. CommonwealthSearch
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S.W.2d 336, 342 (1970), cert. dism'd sub nom. Green v. KentuckySearch
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Ingram v. CommonwealthSearch
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S.W.2d 815, 817 (1968). Finally, given Kentucky's strict contemporaneous objection rule, see, e.g., Webster v. CommonwealthSearch
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for the trial court to have given a Carter instruction orally at the defendant's request. See also Weichhand v. GarlingerSearch
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for federal constitutional purposes, James adequately invoked his substantive right to jury guidance. See Douglas v. AlabamaSearch
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state practice that can prevent implementation Page 466 U. S. 349 of federal constitutional rights. Cf. Barr v. CitySearch
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Baxley, 355 U. S. 313 , 355 U. S. 320 (1958), and would further no perceivable state interest, Henry v. MississippiSearch
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U. S. 443 , 379 U. S. 448 -449 (1965). See also NAACP v. AlabamaSearch
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the defendant the right to dictate, inconsistent with state practice, how the jury is to be told. Cf. Taylor v. KentuckySearch
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U. S. 478 , 436 U. S. 485 -486 (1978). In Lakeside v. OregonSearch
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not to testify by requiring that, if the jury is to be alerted to it, it be alerted in writing. See generally Cupp v. NaughtenSearch
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the decision of this case. JUSTICE REHNQUIST dissents for the reasons stated in his dissenting opinion in Carter v. KentuckySearch
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We rejected similar logic with regard to the instructions themselves in Carter v. KentuckySearch
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See Bruno v. UnitedSearch
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U.S. Supreme Court James v. KentuckySearch
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Carter v. KentuckySearch
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of the Court. In Carter v. KentuckySearch
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Perry v. CommonwealthSearch
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Harris v. CommonwealthSearch
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Ware v. CommonwealthSearch
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E.g., Caldwell v. CommonwealthSearch
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