# Attilio Agnellino v. State of New Jersey and Howard Yeager, Principal Keeper, New Jersey State Prison

> Court of Appeals for the Third Circuit · February 13, 1974 · 493 F.2d 714

URL: https://www.frixlaw.com/law-library/cases/9460417

## Case

- **Full name:** Attilio AGNELLINO, Appellant, v. STATE OF NEW JERSEY and Howard Yeager, Principal Keeper, New Jersey State Prison, Appellees
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** February 13, 1974
- **Citations:** 493 F.2d 714; 1974 U.S. App. LEXIS 10078
- **Precedential status:** Published
- **Opinion:** Concurrence by Weis
- **Judges:** III, Seitz, Hunter, Weis
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9460417

## How later opinions describe it (automated extraction)

- stating that the standard for probable cause “clearly is something less than ‘certainty’ or ‘evidence of guilt beyond a reasonable doubt’ ”

## Opinion text

WEIS, Circuit Judge
(concurring).
I concur in Part II of the Court’s opinion and in the result reached in Part I.
*730 I do not see this as a case where the prosecutor commented unfavorably upon the defendant’s “silence.” The district attorney’s remarks were focused upon the issue of the defendant’s credibility, and the comments on variations between the tenor of his statements at time of arrest and the testimony at trial were proper.
A defendant who chooses to answer questions with half truths cannot claim constitutional protection to remain silent as to the other half. A complete answer to a question may be as inconsistent with a partial reply as one completely different in detail. When Agnellino chose to respond to police interrogation, he effectively waived his right to remain silent, at the very least, to the topics covered by the questioning.
I think we need go no further in deciding this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460417. Public record. Not legal advice.