LAKESIDE v. OREGON

No. 76-6942.

435 U.S. 333 (1978)

LAKESIDE v. OREGON.

Supreme Court of United States.

Decided March 22, 1978.


Attorney(s) appearing for the Case

Phillip M. Margolin, by appointment of the Court, 434 U.S. 918, argued the cause and filed a brief for petitioner.

Thomas H. Denney, Assistant Attorney General of Oregon, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General.


MR. JUSTICE STEWART delivered the opinion of the Court.

The petitioner did not take the witness stand at his trial on a criminal charge in a state court. Over his objection the trial judge instructed the jury not to draw any adverse inference from the petitioner's decision not to testify. The question before us is whether the giving of such an instruction over the defendant's objection violated the Constitution.

I

The petitioner was brought to trial...

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