Ex Parte Greathouse

We granted Grady Lee Greathouse's petition for the writ of certiorari to review the affirmance by the Court of Criminal Appeals of his conviction of unlawful distribution of a controlled substance, to address two issues: (1) whether a comment by a codefendant's counsel regarding Greathouse's election not to testify violated Greathouse's constitutional privilege against self-incrimination, and (2) if so, whether that comment requires reversal. We hold that the comment was improper but that it was harmless; therefore, we affirm.

The relevant facts are stated in the opinion of the Court of…