White v. Woodall, 572 U.S. __, 134 S. Ct. 1697 (Apr. 23, 2014)

Nothing in U.S. Supreme Court precedent clearly establishes a rule that the Fifth Amendment requires a trial judge in a capital case to give the penalty phase jury an instruction that they should draw no adverse inferences from the defendant’s failure to testify. The Kentucky Supreme Court’s rejection of such a claim was not an objectively unreasonable application of law.