Kelley v. United States

The Court, by denying certiorari in this case, has ignored the interrelationship between its recent decision in Marchetti v. United States, 390 U. S. 39 (1968), and the well-established rule that the Government cannot comment upon the accused’s decision to stand mute. See Wilson v. United States, 149 U. S. 60 (1893). Although I was the lone dissenter in Marchetti, see 390 U. S., at 77-84, I am puzzled by the Court’s failure to apply the principles it so recently advocated.

Petitioner stands convicted of four related violations of the statutes governing those engaged in the business of…