[Fifth Amendment] White v. Woodall [SCOTUS overturns 6th Court of Appeals]

Cornell Law School ^

[topher]

Issues:

Does a trial court’s rejection of a non-testifying defendant’s request for a no-adverse-influence instruction during the sentencing phase of a capital punishment trial violate that defendant’s Fifth Amendment right against self-incrimination when the defendant has pled guilty to all of the alleged crimes and aggravating circumstances?

Oral argument:

December 11, 2013

Court below:

United States Court of Appeals for the Sixth Circuit

[Nifster]

Okay thanks for the explanation....a bit in the weeds for us average citizens but you made it understandable

[FredZarguna]

The Cornell brief at the link is really good at explaining the issues and the arguments made by both sides. I think the Court was mostly interested in firing a shot over the bow of the lower Federal courts with this one.

[FredZarguna]

Well, what the Federal case law precedents say is that when there is a different determination to be made by the trier-of-fact, the 5th Amendment still applies.

So, for example, if the penalty phase is separate from the guilt/innocence phase, the defendant hasn't waived his rights during the next phase just because he's waived them in the first phase. In other words: "I agreed I was guilty of a crime involving the death penalty. I have made no statement about whether I actually deserve the death penalty. [And you may not assume that in refusing to say anything, I agree with the prosecution that I deserve this punishment.]"

[Political Junkie Too]

Okaaay...

It all seems moot at this point to me. Once convicted, lack of forthrightness and/or cooperation is probably worse on the person than contrition.

But heck, if the convicted wants to go from cooperating during trial to not cooperating during sentencing, more power to him.

-PJ

[Nifster]

SCOTUS has been known to do that...9th circus comes to mind

[FredZarguna]

Looking at his photo I doubt he has two brain cells to rub together. I'm going to guess that this has been a lawyers' playpen since the moment he was apprehended. Here's the flowchart:

• They got the goods on you 100%. You might have a chance if you plead guilty.
• We've got the goods on him 100%. No deals.
• Plead anyway, you've got nothing to lose.
• Don't testify at sentencing. The Jury will hate you.
• We've got one shot at beating the needle: let's see if we've got a reversible error
• And so on...

[BuckeyeTexan]

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

[caww]

The death penalty is needed more today then ever..and quick trials as well...cut all these dang appeals.

I am not for how our system works today...the criminals multiply like flies in prison, if they aren't hard core going in they sure become that coming out.

Almost all gang members began in prison, learned and were taught how to get away with criminal activity...and further all must pay for the privilege of being in these gangs by doing time in Prison....they know you'll get “educated” in prison. Further jails are full of the insane we let back out on the streets. I have no issue about the death penalty and wish we could get it back.