(Download) "Gomez v. State" by Supreme Court of the United States # Book PDF Kindle ePub Free

eBook details

Title: Gomez v. State
Author : Supreme Court of the United States
Release Date : January 28, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

The question of whether the prosecutor, during a trial of Elias Gomez for the offense of driving while under the influence of an intoxicating beverage, made a comment upon Gomez exercise of his constitutional right of silence is the primary concern presented in this case. A secondary question is asserted which claims reversible error based upon the failure of the county court to give a cautionary instruction on the burden of proof at the time the alleged comment on the exercise of the right of - Page 54 silence occurred. On review by the district court the refusal of the county court judge to grant a mistrial and the refusal to give a cautionary instruction as contended for by Gomez both were affirmed. We find no error in the proceedings and, like the district court, we affirm.