context: The weight of authority runs contrary to petitioner's claim that a rule of "harmful per se" should be applied to Miranda violations. Although the Supreme Court has never ruled definitively on this specific issue, petitioner has provided no compelling reason to treat testimony admitted despite the lack of an adequate waiver of Miranda rights differently from testimony obtained in contravention of other constitutional principles.
citation_a.signal: see
citation_a.parenthetical: harmless error rule applied to prosecutor's comments and judge's instruction to jury concerning defendant's failure to testify
citation_a.sentence: See, e.g., Milton v. Wainwright, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1 (1972) (admission of statements elicited in violation of petitioner’s Sixth Amendment right to counsel; harmless error rule applied); Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) (harmless error rule applied to prosecutor’s comments and judge’s instruction to jury concerning defendant’s failure to testify). There is ample protection of the rights of the accused, and sufficient symmetry with the goals of the exclusionary rule, under the majority view which upholds a conviction obtained in the face of a Miranda violation only if the remaining evidence is “not only sufficient to support the verdict but so overwhelmingly so as to establish guilt of the accused beyond a reasonable doubt.”
citation_b.signal: cf.
citation_b.parenthetical: harmless error rule applied to prosecutor's comments at trial on defendant's post-arrest silence
citation_b.sentence: See also United States v. Ramirez, 710 F.2d 535 (9th Cir.1983); United States v. Espinosa-Orlando, 710 F.2d 535 (9th Cir.1983); United States v. Moody, 649 F.2d 124 (2d Cir.1981); Collins v. Brierly, 492 F.2d 735, 743 (3d Cir.) (Adams, J., dissenting), cert. denied, 419 U.S. 877, 95 S.Ct. 140, 42 L.Ed.2d 116 (1974); cf. United States v. Cummiskey, 728 F.2d 200 (3d Cir.1984) (harmless error rule applied to prosecutor’s comments at trial on defendant’s post-arrest silence).