Brief Fact Summary. Defendant, Cross, was arrested on two counts of robbery. While he wanted to testify on one count, on the other he wanted to invoke his right to remain silent.
Synopsis of Rule of Law. If a defendant chooses to remain silent on one count, and chooses to take the stand on another, these counts should be severed so that the defendant will not lose his right to the privilege against self-incrimination.
His waiver is not partial; having once cast aside the cloak of immunity, he may not resume it at will, whenever cross-examination may be inconvenient or embarrassing.View Full Point of Law