Legal Opinion

United States v. Robinson

District Court, E.D. New York

Decided September 17, 1981No. 80 CR 120PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

NEAHER, District Judge.

Hugh O’Brien Robinson appeals from his misdemeanor conviction, following a bench trial before United States Magistrate John L. Caden of the Eastern District of New York, 1 for knowingly offering, exposing and keeping with intent to furnish counterfeit United States currency in violation of 18 U.S.C. § 491(b). 2 This appeal presents the interesting question whether, consistent with a defendant’s Fifth Amendment privilege against self-incrimination and rights to due process, the prosecution may comment upon evidence of pre-arrest silence where no…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Oregon v. MathiasonSupreme Court of the United States · 1977
  5. Marchetti v. United StatesSupreme Court of the United States · 1968

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3Cited by10 opinions

  1. People v. SavoryAppellate Court of Illinois · 1982
  2. United States v. Dewey T. Nabors, Jr.Court of Appeals for the Eleventh Circuit · 1983
  3. Dyer v. StateCourt of Appeals of Alaska · 1983
  4. State v. CookSupreme Court of Iowa · 1983
  5. United States v. CookCourt of Appeals for the Armed Forces · 1998

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