Legal Opinion
Joseph Hawkins, A/K/A Joseph Davis v. Eugene Lefevre, Superintendent, Clinton Correctional Facility
Court of Appeals for the Second Circuit
Decided April 1, 1985No. 774, Docket 84-2372PublishedCited by 49 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge.
To some, silence is golden; to others, it is “insolubly ambiguous.” Doyle v. Ohio, 426 U.S. 610, 617, 96 S.Ct. 2240, 2244, 49 L.Ed.2d 91 (1976). Today, we are called upon to examine the concept of silence in its manifold legal permutations. We shall attempt to glean meaning from a state court’s silent affirmance of a criminal conviction, evaluate the effect of an express assurance to the accused that he has a right to remain silent, and decipher what message — if any — is conveyed when a criminal defendant chooses to exercise his right of silence.
This appeal…
2Cases cited41 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
36 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. TorresCourt of Appeals for the Second Circuit · 1990
- United States v. CasamentoCourt of Appeals for the Second Circuit · 1989
- United States v. TorresCourt of Appeals for the Second Circuit · 1990
- United States v. CasamentoCourt of Appeals for the Second Circuit · 1989
- George L. Reynolds v. Jack C. Ellingsworth, Warden and Charles M. Oberly, IIICourt of Appeals for the Third Circuit · 1988
44 more not listed; retrieve them via the Exa API.