Court of Criminal Appeals of Texas

Jerry Joe Bird, Appellant v. the State of Texas, Appellee

October 8, 19751975 Tex. Crim. App. LEXIS 1101

Summary

The Court reversed the capital murder conviction and death sentence because the prosecutor’s comment on the appellant’s failure to testify violated the Texas Constitution and the Fifth Amendment and was not harmless error; the case was remanded for a new trial. The Court also noted due‑process concerns about media photographs of jurors but did not deem that error reversible at this stage.