Cecil J. Brumfield, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the conviction and remanded for a new penalty hearing, holding that a defendant who voluntarily testified at the guilt stage may not be compelled to testify at the subsequent punishment hearing about matters that were not admissible at the guilt stage. The reversal was based on the Fifth Amendment privilege against self‑incrimination, which the Court found was not waived by the earlier testimony. The decision notes that the privilege persists until liability to punishment no longer exists. Justice Woodley, in a concurring opinion, agreed with the result but emphasized that recall is permissible only when the testimony sought is admissible at both stages.