Legal Opinion
George Smith Alston v. Samuel P. Garrison, Rufus Edmisten, Attorney General of N.C.
Court of Appeals for the Fourth Circuit
Decided November 3, 1983No. 82-6799PublishedCited by 47 opinions
1Opinion of the Court
ERVIN, Circuit Judge:
George Smith Alston appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He chiefly argues that his trial counsel’s failure to object to prosecution evidence that he “stood on his constitutional rights” to remain silent denied him the effective assistance of counsel in violation of the sixth and fourteenth amendments, to a degree that prejudiced the outcome of his trial. We agree and reverse the judgment of the district court, directing the issuance of a writ of habeas corpus conditional on the results of a new trial.
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2Cases cited12 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
- Doyle v. OhioSupreme Court of the United States · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Merrill E. Fields v. Attorney General of the State of Maryland Kenneth E. Taylor, WardenCourt of Appeals for the Fourth Circuit · 1992
- Mark A. Hopkinson v. Duane Shillinger, and the Attorney General of the State of WyomingCourt of Appeals for the Tenth Circuit · 1989
- Saleem Bey v. Superintendent Greene SCICourt of Appeals for the Third Circuit · 2017
- William Kenny Stephens, Cross-Appellee v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988
- Lambright v. StewartCourt of Appeals for the Ninth Circuit · 2000
42 more not listed; retrieve them via the Exa API.