Opinion

Jack E. Alderman v. Sam Austin, Warden, Georgia State Prison

  • 695 F.2d 124
  • 1983 U.S. App. LEXIS 27668
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 10, 1983
Status
Published
Author
Clark
On the bench
Godbold, Ro-Ney, Tjoflat, Hill, Fay, Vance, Kravitch, Johnson, Henderson, Hatchett, Anderson, Clark, Roney
Cited by
28 cases
Authority
More cited than 25.3%

single reference by law enforcement witness to fact that interview was terminated after the defendant stated he wished to remain silent constituted error

How later courts described this case

  • single reference by law enforcement witness to fact that interview was terminated after the defendant stated he wished to remain silent constituted error
  • harmless error where objectionable testimony is a single reference to defendant’s invoking right to an attorney and prosecution refrains from commenting on it again
  • reference to defendant's silence was not accusatory in nature and was not used for any improper purpose such as impeachment
  • “That the voir dire process is vital to the fairness of jury trials is beyond cavil.”

Written by the judges who cited it.

The opinion

THOMAS A. CLARK, Circuit Judge,

concurring in part and dissenting in part:

As a member of the original panel, I dissented from that part of the majority opinion treating the Doyle issue because I believed the district court was correct in *128 holding that the error was not harmless beyond a reasonable doubt. I continue in that belief and readopt my dissent which accompanied the panel opinion at 663 F.2d 564 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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