Opinion

Richard Tucker v. Robert Francis, Warden, Georgia Diagnostic and Classification Center

  • 723 F.2d 1504
  • 1984 U.S. App. LEXIS 24497
Court
Court of Appeals for the Eleventh Circuit
Filed
Mar 15, 1984
Status
Published
On the bench
Tjoflat, Fay, Wisdom
Cited by
29 cases

holding that defendant who declined to testify during guilt phase of capital trial, but who testified during sentencing phase, may be impeached under Fifth Amendment with guilt-phase silence

How later courts described this case

  • holding that defendant who declined to testify during guilt phase of capital trial, but who testified during sentencing phase, may be impeached under Fifth Amendment with guilt-phase silence
  • “It is not fundamentally unfair to comment on the appellant’s silence during the culpability phase as juxtaposed with his exculpatory testimony during the sentencing phase.”
  • noting in dicta that Griffin applies to sentencing phase

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

Before GODBOLD, Chief-Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.

BY THE COURT:

A member of this Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the cause shall be reheard by this Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of en banc briefs.

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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