Court of Criminal Appeals of Texas

Archie Brown, Appellant v. the State of Texas, Appellee

June 10, 19811981 Tex. Crim. App. LEXIS 1061

Summary

The Court held that a trial court's refusal to give a jury instruction on the defendant's failure to testify at the punishment phase of a bifurcated trial is reversible error, reversing the conviction and remanding for a new trial. The dissent argued that the prior instruction at the guilt phase sufficed and any error was harmless.