where jury panel agreed to follow court's instructions, and court determined to instruct jury after submission of the case if defendant did not take the stand, failure to voir dire jury on effect of defendant's refusal to testify held not an abuse of discretion
How later courts described this case
- where jury panel agreed to follow court's instructions, and court determined to instruct jury after submission of the case if defendant did not take the stand, failure to voir dire jury on effect of defendant's refusal to testify held not an abuse of discretion
- all holding that the trial court is not required to ask potential jurors whether they would draw an adverse inference from a defendant’s election not to testify
- "[F]ailure to ask a requested Rule 24(a) question does not amount to an abuse of discretion if the court's general questions, coupled with its charge to the jury, afford a party the protection sought."
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is Denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en bane, (Rule 35 Federal Rules of Appellate Procedure; Local, Fifth Circuit Rule 12) the Petition for Rehearing is Denied.