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"No Adverse Inference" Instruction Case Relisted Again(?)

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The Kentucky capital case of White v. Woodall, No. 12-794 has apparently been relisted yet again. The case involves the defendant's claim that he was entitled, in the penalty phase, to a jury instruction not to draw adverse inferences from his failure to testify.  See prior post from April 15.

Since the April post, the case has been on the Supreme Court's conference list seven more times without action by the Court.  That often (but not always) means a summary reversal is being prepared but the Court is having difficulty coming to agreement on the opinion.

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