Hardaway v. State
Court of Appeals of Maryland
1Opinion of the Court
ELDRIDGE, Judge.
We issued a writ of certiorari in this case to decide whether it is error for a trial judge to instruct a jury, over a defendant’s objection, that the defendant has a constitutional right not to testify and that no adverse inference should be drawn from his election to remain silent. We conclude that, absent special circumstances, giving this instruction after a defendant has objected to it is error.
In October 1986, Anthony Hardaway was tried before a jury in the Circuit Court for Baltimore City on a charge of attempted murder. Mr. Hardaway did not testify at the trial. At the…
Also in this document: Concurrence.
2Cases cited35 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Dennis v. United StatesSupreme Court of the United States · 1966
- Carter v. KentuckySupreme Court of the United States · 1981
- Lakeside v. OregonSupreme Court of the United States · 1978
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3Cited by32 opinions
- Holland v. StateMississippi Supreme Court · 1997
- Hunt v. StateCourt of Appeals of Maryland · 1997
- Doe v. Department of Public Safety & Correctional ServicesCourt of Appeals of Maryland · 2013
- McElroy v. StateCourt of Appeals of Maryland · 1993
- Newman v. StateCourt of Appeals of Maryland · 2004
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