Legal Opinion
Allen v. State
Court of Criminal Appeals of Texas
Decided September 19, 1984No. 761-82PublishedCited by 31 opinions
1Opinion of the Court
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
TEAGUE, Judge.
“It is basic and fundamental law in this State that the failure of an accused to testify may not be the subject of comment by the prosecution [because] such [a] comment is in violation of the privilege against self-incrimination contained in Article 1, Section 10 of the Texas Constitution, and [is] in express violation of Article 38.08, Vernon’s' Ann.C.C.P. ... [Such a comment] also presents a federal constitutional question as the same has been held viola-tive of the self-incrimination clause of the Fifth Amendment, which…
2Cases cited7 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Bird v. StateCourt of Criminal Appeals of Texas · 1975
- Nickens v. StateCourt of Criminal Appeals of Texas · 1980
- Thompson v. StateCourt of Criminal Appeals of Texas · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Stoker v. StateCourt of Criminal Appeals of Texas · 1989
- Darby v. StateCourt of Appeals of Texas · 1996
- Campbell v. State, Texas Court of Appeals, 10th District (Waco)1995
- Lopez v. StateCourt of Appeals of Texas · 1990
- Villarreal v. State, Texas Court of Appeals, 13th District2002
26 more not listed; retrieve them via the Exa API.