Legal Opinion

Marshall v. State

Court of Appeals of Maryland

Decided July 27, 2010No. 9, September Term, 2008PublishedCited by 14 opinions

1Opinion of the Court

JOHN C. ELDRIDGE, J.,

Retired, Specially Assigned.

The question before us in this criminal case concerns the prosecuting attorney’s comments, during closing arguments, about the defendant’s decision not to testify in his own behalf. More specifically, the issue is whether the prosecuting attorney’s comments constituted error under Article 22 of the Maryland Declaration of Rights and Maryland Code (1974, 2006 RepLVol.), § 9-107 of the Courts and Judicial Proceedings Article, or, instead, were permissible under the “invited response” doctrine.

I

The petitioner, Thomas Marshall, was charged with…

2Cases cited49 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. Ohio v. RobinetteSupreme Court of the United States · 1996
  5. Arizona v. EvansSupreme Court of the United States · 1995

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

3Cited by14 opinions

  1. Doe v. Department of Public Safety & Correctional ServicesCourt of Appeals of Maryland · 2013
  2. State v. Rice, Nero, Miller White & Goodson v. StateCourt of Appeals of Maryland · 2016
  3. Sivells v. StateCourt of Special Appeals of Maryland · 2010
  4. Simms v. StateCourt of Special Appeals of Maryland · 2010
  5. DeWolfe v. RichmondCourt of Appeals of Maryland · 2013

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

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