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.