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JAMES v. KENTUCKY

No. 82-6840.

466 U.S. 341 (1984)

JAMES v. KENTUCKY

Supreme Court of United States.

Decided April 18, 1984

Attorney(s) appearing for the Case

C. Thomas Hectus argued the cause and filed a brief for petitioner.

Penny R. Warren, Assistant Attorney General of Kentucky, argued the cause for respondent. With her on the brief were David L. Armstrong, Attorney General, and Robert L. Chenoweth, Assistant Deputy Attorney General.

JUSTICE WHITE delivered the opinion of the Court.

In Carter v. Kentucky, 450 U.S. 288 (1981), we held that a trial judge must, if requested to do so, instruct the jury not to draw an adverse inference from the defendant's failure to take the stand. In this case, the Kentucky Supreme Court found that the trial judge was relieved of that obligation because defense counsel requested an "admonition" rather than an "instruction...

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