Legal Opinion

Medina, Hector Rolando

Court of Criminal Appeals of Texas

Decided November 4, 2015No. WR-75,835-02PublishedCited by 56 opinions

1Opinion of the CourtNewell, J.

in which KELLER, P.J., MEYERS, JOHNSON, KEASLER, HERVEY, RICHARDSON, and YEARY, JJ., joined.

“No person ... shall be compelled in any criminal case to be a witness against himself ...” U.S. Const. Amend. V.

Under the plain text of the Fifth Amendment to the United States Constitution, a defendant has a clear right to prevent the State from forcing him to testify at his trial or at sentencing.' But what hapjpens when the defendant’s trial is over, his conviction is final, and his testimony would no longer subject him to criminal liability? This was the question presented to the trial court in…

2Cases cited59 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Herrera v. CollinsSupreme Court of the United States · 1993
  4. Kastigar v. United StatesSupreme Court of the United States · 1972
  5. White v. WoodallSupreme Court of the United States · 2014

54 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Harris, RoderickCourt of Criminal Appeals of Texas · 2016
  2. Garrett v. AlcortaDistrict Court, W.D. Texas · 2016
  3. In re State ex rel. SkurkaCourt of Appeals of Texas · 2016
  4. Mau v. Third Court of Appeals (In Re State)Court of Criminal Appeals of Texas · 2018
  5. In re Collin CountyCourt of Appeals of Texas · 2017

51 more not listed; retrieve them via the Exa API.

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