Michael Dennis Swallow, Appellant v. the State of Texas, Appellee

Summary

The Court reversed the Court of Appeals judgment and remanded for a determination of whether the prosecutor's comment on the appellant's failure to testify was harmless error, while affirming that the trial court's instruction to disregard an improper question about a separate DWI arrest cured any error. Justice Benavides dissented, arguing that the majority misapplied Jones and that no error occurred.