Q: I lost a relocation case in a NY Supreme Court. My attorney thought it was best that I, the defendant, shouldn’t take the stand. In her closing argument, the kids’ mother’s attorney, “jumped all over me for this”. I just read about a Tennessee murder case, State v Noura Jackson; the TN Supreme Ct. overturned her conviction in part, because they ruled that the Constitutional right to remain silent, means that a defendant’s decision not to testify “should be considered off limits to any conscientious prosecutor” , so that the jury doesn’t view it as an implicit admission of guilt. I want to appeal the relocation based upon this and other factors.
A: David’s Answer: The case you’re referring to is a criminal case where the 5th Amendment “right to remain silent” does apply. In a civil proceeding, such as a divorce case, the 5th Amendment does NOT apply. There may be other reasons to appeal, so you should schedule a consult with a Westchester Child Custody attorney for a full assessment.