Legal Opinion · Dissent

Ledford v. State

Court of Criminal Appeals of Tennessee

Decided March 16, 1978Published

1DissentDwyer, Presiding Judge

I am in respectful disagreement with my colleagues as to the remand of this record. If one fact was apparent in this homicide trial to all, and in particular to the jury, it was the fact that appellant did not testify. Whether comment is made or not on this fact, that fact is and was apparent to the jury. In short, our law prohibits such comments by the attorney general; however, counter-balancing of such error must under our law be obtained through immediate curative instructions by the court.

While I cannot condone nor pardon the attorney general for venturing either directly or indirectly…

2Cases cited25 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Judge v. StateCourt of Criminal Appeals of Tennessee · 1976
  5. Graham v. StateTennessee Supreme Court · 1977

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