Court of Criminal Appeals of Texas

Russell Kent Dickinson, Appellant v. the State of Texas, Appellee

December 5, 19841984 Tex. Crim. App. LEXIS 824

Summary

The Texas Court of Criminal Appeals held that the prosecutor's sentencing‑stage comments about the defendant’s lack of remorse, shame, and pity were improper indirect references to his exercised right against self‑incrimination, violating Art. 38.08 of the Texas Code of Criminal Procedure. Accordingly, the Court reversed the Court of Appeals and remanded for a new trial.