United States First Circuit

A witness' failure to defend his evidence after being given Miranda warnings cannot be used later in the trial of a confederate to impeach his testimony that he was an innocent dupe, absent special circumstances exist in a given case that materially shift the balance in favor of admissibility.

Appellate Information

• Decided 02/14/2001
• Published 02/14/2001

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward J. Romano, by appointment of the court, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Richard W. Rose, Assistant United States Attorney, were on brief, for appellee.