Legal Opinion
Randolph, Emanuell Glenn
Court of Criminal Appeals of Texas
Decided November 23, 2011No. PD-0404-10PublishedCited by 112 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which KELLER, P. J., and PRICE, JOHNSON, KEASLER and HERVEY, JJ„ joined.
Appellant testified to an alibi defense at the guilt phase of his aggravated robbery trial and then exercised his Fifth Amendment right not to testify at the punishment phase. In her final punishment argument, the prosecutor stated that appellant was not worthy of probation because he had not taken responsibility for the crime. The court of appeals, relying on Swallow v. State,1 found that the State’s argument was an impermissible (and harmful) comment on appellant’s failure to testify at the punishment phase.2…
3Cases cited20 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Harris v. StateCourt of Criminal Appeals of Texas · 1989
- United States v. RobinsonSupreme Court of the United States · 1988
- Bustamante v. StateCourt of Criminal Appeals of Texas · 2001
15 more not listed; retrieve them via the Exa API.
4Cited by112 opinions
- Okonkwo, Chidiebele GabrielCourt of Criminal Appeals of Texas · 2013
- Bill Boyd Kuhn v. State, Texas Court of Appeals, 3rd District (Austin)2013
- Easley, Damian DemitriusCourt of Criminal Appeals of Texas · 2014
- Medina, Hector RolandoCourt of Criminal Appeals of Texas · 2015
- in Re State of Texas Ex Rel, Tharp, JenniferCourt of Criminal Appeals of Texas · 2012
107 more not listed; retrieve them via the Exa API.