United States Fifth Circuit

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US v. RODRIGUEZ, 99-10982

The government may not argue that the jury should infer a defendant's guilt directly from his post-arrest silence, and where the prosecutor argues that the silence is the "most important evidence" on the issue of intent, the error is not harmless.

Appellate Information

  • Decided 07/30/2001
  • Published 07/30/2001

Judges

  • DENNIS, Circuit Judge:, Before SMITH and DENNIS, Circuit Judges, and ROETTGER, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Delonia Anita Watson (argued), Fort Worth, TX, for Plaintiff-Appellee., Peter Michael Fleury, Asst. Federal Public Defender, Fort Worth, TX, for Defendant-Appellant.