Legal Opinion

Kissinger v. State

Court of Special Appeals of Maryland

Decided September 25, 1997No. 1703Published

1Opinion of the Court

SONNER, Judge.

A jury for the Circuit Court for Baltimore County convicted Walter Duff Kissinger of attempted robbery with a deadly weapon,for which he received a sentence of fifteen years’ imprisonment. At the close of the trial, the court (Cadigan, J.), without a request from appellant, issued an “anti-inference” instruction to the members of the jury, advising them of the defendant’s constitutional right not to testify and that no adverse inference should be drawn from his election to remain silent. Appellant has noted this appeal and alleged that the giving of that instruction without his…

2Cases cited4 opinions

  1. Lakeside v. OregonSupreme Court of the United States · 1978
  2. Hardaway v. StateCourt of Appeals of Maryland · 1989
  3. Bowman v. StateCourt of Appeals of Maryland · 1994
  4. Lambert v. StateCourt of Appeals of Maryland · 1965

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