Legal Opinion
United States v. Stephen Baker, United States of America v. Philip L. Caban
Court of Appeals for the Ninth Circuit
Decided July 15, 1993No. 92-10552, 92-10581PublishedCited by 38 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
Stephen Baker and Philip L. Caban appeal their convictions and sentences under the Sentencing Guidelines for bank robbery in violation of 18 U.S.C. § 2113(a). We reverse the convictions and remand for a new trial because appellants’ due process rights were violated when the government impermissibly commented in closing rebuttal argument on their post-Mircmda' silence. 1
BACKGROUND
On October 2, 1991, two men wearing nylon- stockings over their heads entered the Kaneohe branch of Territorial Savings and Loan. One of the men held what appeared to be a handgun, and…
2Cases cited11 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- Greer v. MillerSupreme Court of the United States · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. BrooksCourt of Appeals for the Ninth Circuit · 2010
- Jeffrey M. Burks v. Robert G. Borg, Mitchell Celestine v. Robert G. Borg Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
- United States v. Timothy James WhiteheadCourt of Appeals for the Ninth Circuit · 2000
- United States v. John Lee Molinaro, United States of America v. Donald P. Mangano, Sr., United States of America v. Donald P. Mangano, Sr.Court of Appeals for the Ninth Circuit · 1993
- United States v. Rodrigo Pino-NoriegaCourt of Appeals for the Ninth Circuit · 1999
33 more not listed; retrieve them via the Exa API.