Legal Opinion
Carlos Garza De Luna v. United States
Court of Appeals for the Fifth Circuit
Decided August 15, 1962No. 19037_1PublishedCited by 249 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The conflicting interests of the two co-defendants in this action have generated a narrow but important question relating to the scope of the privilege against self-incrimination: When one of two defendants jointly tried in a criminal proceeding in a federal court exercises his right not to testify, does the Fifth Amendment protect him from prejudicial comments on his silence made to the jury by an attorney for the co-defendant? Pointing to the fact that the United States attorney was free from blame, the Government argues that the general rule against commenting on the…
2Cases cited33 opinions
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Krulewitch v. United StatesSupreme Court of the United States · 1949
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Grunewald v. United StatesSupreme Court of the United States · 1957
28 more not listed; retrieve them via the Exa API.
3Cited by249 opinions
- People v. HardyCalifornia Supreme Court · 1992
- United States v. Frank Diecidue, Larry Neil Miller, Frank Boni, Jr., A/K/A "Mustache Frankie," Manuel Gispert, Anthony Antone, and Homer Rex DavisCourt of Appeals for the Fifth Circuit · 1979
- United States v. RoselliCourt of Appeals for the Ninth Circuit · 1970
- United States v. AddonizioCourt of Appeals for the Third Circuit · 1971
- United States v. Ray Vera, Luis Romero, United States of America v. Arturo PosadaCourt of Appeals for the Eleventh Circuit · 1983
244 more not listed; retrieve them via the Exa API.