Miranda v.arizona case brief summary - risk seem
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Miranda v.arizona case brief summary Video
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View Citing Opinions. CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: November 5th, Precedential Status: Precedential.
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Citations: P. Docket Number: 48, Author: Alfred G. Curt T. Schneider, attorney general, Paul D. Oakleaf, county attorney, and Richard A. Medley, assistant county attorney, were on the brief for the appellee. This is an appeal from a jury verdict which found Elgit Clark defendant-appellant guilty of one count of felony theft Usmmary.
The issue raised on appeal is whether a state prosecutor may impeach a defendant's alibi defense, told for the first time at trial, by cross-examining him as to his post-arrest silence after receiving the Miranda warning and commenting on such silence during closing argument, when the defendant carried on limited discussion with police after arrest, but was silent as to matters subsequently asserted at trial.
There were no witnesses to miranda v.arizona case brief summary burglary other than the participants. Approximately one miranda v.arizona case brief summary later Jake Osborn, a sixteen-year-old boy, was arrested for stealing money from the purse of a Mrs. Jake was a friend of Mrs. Caldwell's son, Greg, caae was living with the Caldwells at the time. He also named the appellant, Elgit Clark, as one of his accomplices to the crime. Briefly summarized, read article trial the verdict of the jury was based primarily upon Jake Osborn's testimony, and his credibility was seriously attacked by appellant's counsel. The appellant testified in his own behalf. His defense was alibi. The appellant told of his whereabouts from p.
He denied participating in v.arizonw crime, but he admitted knowledge of the circumstances surrounding it. He identified eleven persons by name who were with him at various times during the evening. Five of those persons were called as witnesses for the appellant, one was called for the state and five of the witnesses failed to appear. The jury returned a verdict of guilty.
The appellant's motion for a new trial was denied and his appeal was duly perfected. The appellant contends the prosecutor's cross-examination of him, wherein it was elicited he had not told police about his alibi witnesses at the time of his arrest, constituted prejudicial error. This testimony is set out verbatim in the record as follows:.
When an accused elects to testify in his own behalf, his post-arrest silence may not be used solely to impeach his exculpatory testimony.
This rule was established in Doyle v. Ohio, U.]
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