Garner v. United States
United States Supreme Court
424 U.S. 648 (1976)
- Written by Steven Pacht, JD
Facts
Roy Garner (defendant) was indicted for engaging in gambling-related crimes. At trial, the United States introduced Garner’s federal tax returns, in which Garner described his occupation as gambling or wagering. Citing the Fifth Amendment to the United States Constitution’s privilege against self-incrimination, Garner objected to the introduction of his returns, but the district court overruled the objection. The jury convicted Garner. The court of appeals affirmed Garner’s conviction, ruling that Garner waived the self-incrimination privilege by not asserting it on his returns. Garner appealed, contending that his failure to assert the privilege on his returns was excused by United States Supreme Court precedent concerning (1) coerced confessions, (2) occupational and excise taxes on gambling, and (3) the imposition of a significant penalty for asserting the privilege.
Rule of Law
Issue
Holding and Reasoning (Powell, J.)
Concurrence (Marshall, J.)
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