Harris v. State
Court of Appeals of Maryland
1Opinion of the CourtMcDonald, J.
In a criminal trial, the prosecutor asks the jury to draw various inferences from the evidence adverse to the defendant-the ultimate adverse inference being that the defendant is guilty as charged. In certain limited circumstances, one such adverse inference may be that the defendant's failure to call a witness peculiarly in the control of the defendant indicates that the witness would have testified unfavorably to the defendant. This is sometimes called the "missing witness rule."
There is a related pattern jury instruction sometimes used by trial courts in Maryland known as the missing…
Also in this document: Concurring in part, dissenting in part.
2Cases cited62 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re WINSHIPSupreme Court of the United States · 1970
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Malloy v. HoganSupreme Court of the United States · 1964
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3Cited by15 opinions
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