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Greer Vs. Miller
Cites for this judgment
- US Supreme Court
- Jun 26, 1987
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U.S. 756 (1987) U.S. Supreme Court Greer v. MillerSearch
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U.S. 756 (1987) Greer v. MillerSearch
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the state's argument that, if the prosecutor's question about respondent's post-arrest silence was prohibited by Doyle v. OhioSearch
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U. S. 610 , the error was harmless under the standards of Chapman v. CaliforniaSearch
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that, if the prosecutor's question about Miller's post-arrest silence was prohibited by this Court's decision in Doyle v. OhioSearch
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U. S. 610 (1976), the error was harmless under the standards of Chapman v. CaliforniaSearch
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State v. MillerSearch
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The Page 483 U. S. 760 Supreme Court of Illinois disagreed, and reinstated the trial court's decision. State v. MillerSearch
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of the Court of Appeals for the Seventh Circuit reversed the District Court's decision, United States ex rel. Miller v. GreerSearch
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F.2d 293 (1985), as did the full court on reargument en banc. United States ex rel. Miller v. GreerSearch
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F.2d at 442. The court further held that the error was not harmless beyond a reasonable doubt under Chapman v. CaliforniaSearch
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We disagree with the Court of Appeals, and now reverse. II The starting point of our analysis is Doyle v. OhioSearch
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id. at 426 U. S. 619 (quoting United States v. HaleSearch
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U. S. 284 , 474 U. S. 291 (1986) (quoting South Dakota v. NevilleSearch
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the Constitution does not prohibit the use of a defendant's post-arrest silence to impeach him at trial. Fletcher v. WeirSearch
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U. S. 603 , 455 U. S. 607 (1982). See Jenkins v. AndersonSearch
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Page 483 U. S. 764 Ibid. (quoting United States v. HaleSearch
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court has permitted specific inquiry or argument respecting the defendant's post- Miranda silence. See Jenkins v. AndersonSearch
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U. S. 667 , 473 U. S. 676 (1985) (quoting United States v. AgursSearch
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U. S. 97 , 427 U. S. 108 (1976)). The Illinois Supreme Court, applying the analysis of Chapman v. CaliforniaSearch
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U. S. 168 , 477 U. S. 179 (1986). See Donnelly v. DeChristoforoSearch
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Whether, when considering violations of Doyle v. OhioSearch
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the due process question, it analyzed the facts of this case fully and in detail. See United States ex rel. Miller v. GreerSearch
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that the jury will be unable to follow the court's instructions, Richardson v. MarshSearch
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to the defendant, Bruton v. UnitedSearch
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at 387-392, 450 N.E.2d at 323-325. JUSTICE STEVENS, concurring in the judgment. Having dissented in Doyle v. OhioSearch
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that court's conclusion that the error was not harmless beyond a reasonable doubt. United States ex rel. Miller v. GreerSearch
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in reviewing Doyle errors in a habeas corpus action -- should be answered in the affirmative. In Rose v. LundySearch
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even on direct appeal, when the evidence is still fresh and a fair retrial could be promptly conducted. Chapman v. CaliforniaSearch
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of fundamental unfairness to the accused that will support a collateral attack on a final judgment. See, e.g., Stone v. PowellSearch
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In Rose v. LundySearch
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U.S. at 455 U. S. 509 , 455 U. S. 543 , n. 8 (dissenting opinion). Our recent decision in Griffith v. KentuckySearch
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Harlan's view on this issue to a great extent, and thus supports this proposition. Compare Griffith, supra, with Allen v. HardySearch
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a defendant's post-arrest silence in an attempt to impeach his credibility without thereby violating the rule of Doyle v. OhioSearch
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our opinion in Doyle v. OhioSearch
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U.S. Supreme Court Greer v. MillerSearch
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