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7 Virginia opinions name it 2 courts 1996–2010 0 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States v. Malcolm Fraziergreen2 sentences2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha 2001“The Fifth Amendment does not insulate a defendant from all ‘difficult choices’ that are presented during the course of criminal proceedings, or even from all choices that burden the exercise or encourage waiver of the Fifth Amendment’s right against self-incrimination.” See id. (citing United States v. Frazier, 971 F.2d 1076, 1080 (4th Cir. 1992)). | 5 | 5 |
Doss v. Commonwealthgreen2 sentences2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha 2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha | 4 | 6 |
Venable v. Commonwealthgreen2 sentences2010Further, “[t]he Fifth Amendment ... only prohibits the use of a witness’ statements which are the product of compulsion----” Husske, 252 Va. at 214 , 476 S.E.2d at 927 . “[A] witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant,” and, “if he is nevertheless compelled to answer, *703 his answers are inadmissible against him in a later criminal prosecution.” Venable v. Commonwealth, 48 Va.App. 380, 386 , 632 S.E 2010Further, “[t]he Fifth Amendment ... only prohibits the use of a witness’ statements which are the product of compulsion----” Husske, 252 Va. at 214 , 476 S.E.2d at 927 . “[A] witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant,” and, “if he is nevertheless compelled to answer, *703 his answers are inadmissible against him in a later criminal prosecution.” Venable v. Commonwealth, 48 Va.App. 380, 386 , 632 S.E | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Frazier v. United States
neutral
2 sentences1999But, see, Doss v. Commonwealth, 23 Va.App. 679, 687 , 479 S.E.2d 92, 96-97 (1996) ("The Fifth Amendment does not insulate a defendant from all difficult choices’ that are presented during the course of criminal proceedings, or even from all choices that burden the exercise or encourage waiver of the Fifth Amendment’s right against self-incrimination.” (quoting United States v. Frazier, 971 F.2d 1076, 1080 (4th Cir.1992), cert. denied, 506 U.S. 1071 , 113 S.Ct. 1028 , 122 L.Ed.2d 173 (1993))). 2 . 1998However, “[t]he Fifth Amendment does not insulate a defendant from all ‘difficult choices’ that are presented during the course of criminal proceedings, or even from all choices that burden the exercise or encourage waiver of the Fifth Amendment’s right against self-incrimination.” Id. at 687-88, 479 S.E.2d at 96 -97 (quoting United States v. Frazier, 971 F.2d 1076, 1080 (4th Cir.1992), cert. denied, 506 U.S. 1071 , 113 S.Ct. 1028 , 122 L.Ed.2d 173 (1993)). *300 In Doss , the sentencing judge gave the defendant a choice: he could admit his guilt and receive a suspended sentence or remain silen | 3 | 1996–1999 |
Frazier v. United States
green
2 sentences1999But, see, Doss v. Commonwealth, 23 Va.App. 679, 687 , 479 S.E.2d 92, 96-97 (1996) ("The Fifth Amendment does not insulate a defendant from all difficult choices’ that are presented during the course of criminal proceedings, or even from all choices that burden the exercise or encourage waiver of the Fifth Amendment’s right against self-incrimination.” (quoting United States v. Frazier, 971 F.2d 1076, 1080 (4th Cir.1992), cert. denied, 506 U.S. 1071 , 113 S.Ct. 1028 , 122 L.Ed.2d 173 (1993))). 2 . 1998However, “[t]he Fifth Amendment does not insulate a defendant from all ‘difficult choices’ that are presented during the course of criminal proceedings, or even from all choices that burden the exercise or encourage waiver of the Fifth Amendment’s right against self-incrimination.” Id. at 687-88, 479 S.E.2d at 96 -97 (quoting United States v. Frazier, 971 F.2d 1076, 1080 (4th Cir.1992), cert. denied, 506 U.S. 1071 , 113 S.Ct. 1028 , 122 L.Ed.2d 173 (1993)). *300 In Doss , the sentencing judge gave the defendant a choice: he could admit his guilt and receive a suspended sentence or remain silen | 3 | 1996–1999 |
Corbitt v. New Jersey
green
2 sentences2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha 2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha | 2 | 1996–2010 |
Husske v. Commonwealth
green
2 sentences2010Further, “[t]he Fifth Amendment ... only prohibits the use of a witness’ statements which are the product of compulsion----” Husske, 252 Va. at 214 , 476 S.E.2d at 927 . “[A] witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant,” and, “if he is nevertheless compelled to answer, *703 his answers are inadmissible against him in a later criminal prosecution.” Venable v. Commonwealth, 48 Va.App. 380, 386 , 632 S.E 2010Further, “[t]he Fifth Amendment ... only prohibits the use of a witness’ statements which are the product of compulsion----” Husske, 252 Va. at 214 , 476 S.E.2d at 927 . “[A] witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant,” and, “if he is nevertheless compelled to answer, *703 his answers are inadmissible against him in a later criminal prosecution.” Venable v. Commonwealth, 48 Va.App. 380, 386 , 632 S.E | 1 | 2010–2010 |
Minnesota v. Murphy
green
2 sentences2010Further, “[t]he Fifth Amendment ... only prohibits the use of a witness’ statements which are the product of compulsion----” Husske, 252 Va. at 214 , 476 S.E.2d at 927 . “[A] witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant,” and, “if he is nevertheless compelled to answer, *703 his answers are inadmissible against him in a later criminal prosecution.” Venable v. Commonwealth, 48 Va.App. 380, 386 , 632 S.E 2010Further, “[t]he Fifth Amendment ... only prohibits the use of a witness’ statements which are the product of compulsion----” Husske, 252 Va. at 214 , 476 S.E.2d at 927 . “[A] witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant,” and, “if he is nevertheless compelled to answer, *703 his answers are inadmissible against him in a later criminal prosecution.” Venable v. Commonwealth, 48 Va.App. 380, 386 , 632 S.E | 1 | 2010–2010 |
Brogan v. United States
green
2 sentences2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha 2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha | 1 | 2010–2010 |
United States v. Apfelbaum
green
2 sentences2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha 2010Although the Fifth Amendment provides a shield against compelled self-incrimination, “neither the text nor the spirit of the Fifth Amendment confers a privilege to lie. ‘Proper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to swear falsely.’ ” Brogan v. United States, 522 U.S. 398, 404-05 , 118 S.Ct. 805, 810 , 139 L.Ed.2d 830 (1998) (quoting United States v. Apfelbaum, 445 U.S. 115, 117 , 100 S.Ct. 948, 950 , 63 L.Ed.2d 250 (1980)). “ ‘The Fifth Amendment does not insulate a defendant from all difficult choices tha | 1 | 2010–2010 |