HARDAWAY v. STATE

No. 173, September Term, 1987.

317 Md. 160 (1989)

562 A.2d 1234

ANTHONY E. HARDAWAY v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 5, 1989.


Attorney(s) appearing for the Case

William H. Murphy, Jr. (Gary S. Bernstein, both on brief), Baltimore, for appellant.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


ELDRIDGE, Judge.

We issued a writ of certiorari in this case to decide whether it is error for a trial judge to instruct a jury, over a defendant's objection, that the defendant has a constitutional right not to testify and that no adverse inference should be drawn from his election to remain silent. We conclude that, absent special circumstances, giving this instruction after a defendant has objected to it is error.

In October 1986, Anthony Hardaway was tried...

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