State v. O'Connor

Shortly after the decision in Griffin v. California, supra (380 U. S. 609), this court admitted for review all cases where the prosecutor had commented or the trial judge *171had charged upon a criminal defendant’s failure to testify. Surprisingly, there were only five such cases. Thereafter, the Supreme Court of the United States remanded Howell v. Ohio (1965), 381 U. S. 275, 14 L. Ed. 2d 430, 85 S. Ct. 1457, “for further consideration in light of Griffin v. California.” This court promptly reversed the judgment in that case (State v. Howell [1965], 4 Ohio St. 2d 11, 211 N. E. 2d 56) and ordered…