Legal Opinion
James v. Kentucky
Supreme Court of the United States
Decided June 25, 1984No. 82-6840PublishedCited by 333 opinions
1Opinion of the CourtJustice White
In Carter v. Kentucky, 450 U. S. 288 (1981), we held that a trial judge must, if requested to do so, instruct the jury not to draw an adverse inference from the defendant’s failure to take the stand. In this case, the Kentucky Supreme Court found that the trial judge was relieved of that obligation because defense counsel requested an “admonition” rather than an “instruction.”
I
Petitioner Michael James was indicted for receipt of stolen property, burglary, and rape. James had been convicted of two prior felonies — forgery and murder — and the prosecution warned that were James to take the…
2Cases cited35 opinions
- Cupp v. NaughtenSupreme Court of the United States · 1973
- Douglas v. AlabamaSupreme Court of the United States · 1965
- Henry v. MississippiSupreme Court of the United States · 1965
- Taylor v. KentuckySupreme Court of the United States · 1978
- Carter v. KentuckySupreme Court of the United States · 1981
30 more not listed; retrieve them via the Exa API.
3Cited by333 opinions
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Ford v. GeorgiaSupreme Court of the United States · 1991
- Osborne v. OhioSupreme Court of the United States · 1990
- Beard v. KindlerSupreme Court of the United States · 2009
- John W. Byrd, Jr. v. Terry L. Collins, WardenCourt of Appeals for the Sixth Circuit · 2000
328 more not listed; retrieve them via the Exa API.