Legal Opinion

United States v. Evans

District Court, D. Connecticut

Decided March 14, 1986No. Crim. N-85-36 (PCD)PublishedCited by 17 opinions

1Opinion of the Court

RULING ON MOTION TO PERMIT OPENING STATEMENT

DORSEY, District Judge.

An opening statement is a matter for the discretion of the court, Local Rule 12(e), and is not a constitutional right. United States v. Salovitz, 701 F.2d 17, 20 (2d Cir.1983); Herring v. New York, 422 U.S. 853, 863, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975). The exercise of that discretion must be guided by the purpose of a trial: to permit a defendant a fair opportunity to present his ease. If a defendant intends to call no witnesses, there is nothing to explain in advance and an argument at the conclusion of the case suffices to…

2Cases cited23 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Franks v. DelawareSupreme Court of the United States · 1978
  5. Schmerber v. CaliforniaSupreme Court of the United States · 1966

18 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United States v. Laura WhitehornCourt of Appeals for the Second Circuit · 1987
  2. United States v. Luis Santiago RamirezCourt of Appeals for the Tenth Circuit · 1995
  3. United States v. WhitehornCourt of Appeals for the Fourth Circuit · 1987
  4. United States v. Linda Sue EvansCourt of Appeals for the Fifth Circuit · 1988
  5. United States v. Young & Rubicam, Inc.District Court, D. Connecticut · 1990

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