United States v. Emanuel Isaacs

Eleventh Circuit

United States v. Emanuel Isaacs

834 F.2d 955, 1987 WL 20853

CourtCourt of Appeals for the Eleventh Circuit

DecidedFebruary 4, 1988

Docket86-8645

StatusPublished

Cited by1 cases

This text of 834 F.2d 955 (United States v. Emanuel Isaacs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Emanuel Isaacs, 834 F.2d 955, 1987 WL 20853 (11th Cir. 1988).

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Opinion

PER CURIAM:

The defendant, Emanuel Isaacs, was convicted in 1984 on arson and RICO charges. Isaacs, exercising his Fifth Amendment privilege against self-incrimination, did not testify at this first trial. In April of 1986, he was indicted on obstruction of justice charges, stemming from his alleged attempt to bribe a witness, Harold Hart.

*956 During his second trial on obstruction of justice charges, Isaacs took the stand and testified. His testimony would have been relevant and important evidence to refute the charges against him in the first trial. He was asked on cross-examination whether or not he had remained silent in his first trial. In her closing argument in the second trial, the prosecutor commented on Isaacs’ silence during his first trial in an effort to impeach his testimony in the second trial.

This court’s decision in Tucker v. Francis, 723 F.2d 1504 (11th Cir.1984), is controlling in this case. Tucker did not testify in the guilt phase of his bifurcated murder trial. However, he did testify in the sentencing phase. He recanted an earlier admission given to police and attempted to refute evidence introduced during the guilt phase of his trial. In his closing argument during the sentencing phase, the prosecutor commented on Tucker’s silence in the guilt phase. We found no constitutional violation, relying on the Supreme Court decision in Raffel v. United States, 271 U.S. 494, 46 S.Ct. 566, 70 L.Ed. 1054 (1926) (defendant was retried after jury deadlocked; defendant did not testify at first trial, but did testify at second trial, refuting the same evidence adduced at the first trial; Supreme Court found no constitutional violation in prosecutor’s closing argument in the second trial commenting on defendant’s silence at the first trial to impeach his testimony in the second trial).

This case cannot be distinguished from Tucker or Raffel. Thus, the prosecutor’s comment does not constitute a constitutional violation.

Isaacs’ other challenges to his conviction are without merit and warrant no discussion.

AFFIRMED.

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PER CURIAM:

The defendant, Emanuel Isaacs, was convicted in 1984 on arson and RICO charges. Isaacs, exercising his Fifth Amendment privilege against self-incrimination, did not testify at this first trial. In April of 1986, he was indicted on obstruction of justice charges, stemming from his alleged attempt to bribe a witness, Harold Hart.

*956 During his second trial on obstruction of justice charges, Isaacs took the stand and testified. His testimony would have been relevant and important evidence to refute the charges against him in the first trial. He was asked on cross-examination whether or not he had remained silent in his first trial. In her closing argument in the second trial, the prosecutor commented on Isaacs’ silence during his first trial in an effort to impeach his testimony in the second trial.

This court’s decision in Tucker v. Francis, 723 F.2d 1504 (11th Cir.1984), is controlling in this case. Tucker did not testify in the guilt phase of his bifurcated murder trial. However, he did testify in the sentencing phase. He recanted an earlier admission given to police and attempted to refute evidence introduced during the guilt phase of his trial. In his closing argument during the sentencing phase, the prosecutor commented on Tucker’s silence in the guilt phase. We found no constitutional violation, relying on the Supreme Court decision in Raffel v. United States, 271 U.S. 494, 46 S.Ct. 566, 70 L.Ed. 1054 (1926) (defendant was retried after jury deadlocked; defendant did not testify at first trial, but did testify at second trial, refuting the same evidence adduced at the first trial; Supreme Court found no constitutional violation in prosecutor’s closing argument in the second trial commenting on defendant’s silence at the first trial to impeach his testimony in the second trial).

This case cannot be distinguished from Tucker or Raffel. Thus, the prosecutor’s comment does not constitute a constitutional violation.

Isaacs’ other challenges to his conviction are without merit and warrant no discussion.

AFFIRMED.

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Bluebook (online)

834 F.2d 955, 1987 WL 20853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-emanuel-isaacs-ca11-1988.

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