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 .