Legal Opinion
United States v. Scott Schuler
Court of Appeals for the Ninth Circuit
Decided March 26, 1987No. 85-5143PublishedCited by 95 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
The Opinion and Dissent in this case filed September 12, 1986, are hereby withdrawn.
OPINION
Scott Schuler appeals his conviction for threatening the life of the President of the United States in violation of 18 U.S.C. § 871 (1982). At issue is whether, in closing argument, a prosecutor’s reference to a non-testifying defendant’s in-court behavior and demeanor, and his comment that the jury had all the admissible evidence before it constitute error. We find that it was reversible error to allow comment on the defendant’s off-the-stand behavior, although the district…
2Cases cited17 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Estelle v. WilliamsSupreme Court of the United States · 1976
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Taylor v. KentuckySupreme Court of the United States · 1978
12 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Blue v. StateMississippi Supreme Court · 1996
- People v. EdelbacherCalifornia Supreme Court · 1989
- People v. MedinaCalifornia Supreme Court · 1990
- Clarence Ray Allen v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2005
- People v. HawkinsCalifornia Supreme Court · 1995
90 more not listed; retrieve them via the Exa API.