Owen v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that conviction must be reversed if prosecutor’s remark called jury’s attention to absence of evidence that only defendant’s testimony could supply
• defendant testified at trial but not sentencing hearing; prosecutor’s remarks about defendant’s failure to say he was sorry constituted reversible error
• harm from comment on defendant's failure to testify is so egregious it cannot be cured by instruction to disregard
• “If the remark complained of called the jury’s attention to the absence of evidence that only the testimony from the appellant could supply, the conviction must be reversed.”
• “The prohibition against a comment on the defendant’s failure to testify is mandatory and the adverse effect [of such a comment] is not generally cured by an instruction to the jury.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

61 cases in this archive cite this case; the 20 most cited are listed.

• Gardner v. State
  Court of Criminal Appeals of Texas· 1987-03-25· cited 509×
• Garcia v. State
  Court of Criminal Appeals of Texas· 1994-04-13· cited 452×
• Montoya v. State
  Court of Criminal Appeals of Texas· 1987-10-28· cited 306×
• Lester v. State
  Mississippi Supreme Court· 1997-05-07· cited 278×
• Good v. State
  Court of Criminal Appeals of Texas· 1986-11-26· cited 139×
• Dickinson v. State
  Court of Criminal Appeals of Texas· 1984-12-05· cited 138×
• Randolph, Emanuell Glenn
  Court of Criminal Appeals of Texas· 2011-11-23· cited 132×
• Calderon v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1997-05-08· cited 128×
• Lesko v. Lehman
  Third Circuit· 1991-02-11· cited 97×
• Jones v. State
  Court of Criminal Appeals of Texas· 1985-06-12· cited 53×
• Jackson v. State
  Supreme Court of Delaware· 1994-07-15· cited 50×
• Jones v. State
  Supreme Court of Georgia· 2000-11-20· cited 44×
• Sauceda v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1993-06-29· cited 39×
• Anderson v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1991-06-26· cited 38×
• Lopez v. State
  Court of Appeals of Texas· 1990-10-03· cited 38×
• De Los Santos v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1996-02-14· cited 34×
• Tovar v. State
  Tex. App. Ct., 13th Dist.· 1989-08-31· cited 29×
• Pina v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2001-03-21· cited 28×
• Gaffney v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 1996-11-26· cited 27×
• Lesko v. Lehman
  Third Circuit· 1991-03-11· cited 24×

Cites

9 cases in this archive are cited by this case.

• Brumfield v. State
  Court of Criminal Appeals of Texas· 1969-03-19· cited 200×
• Johnson v. State
  Court of Criminal Appeals of Texas· 1981-05-20· cited 143×
• Brown v. State
  Court of Criminal Appeals of Texas· 1981-06-10· cited 140×
• Griffin v. State
  Court of Criminal Appeals of Texas· 1977-06-29· cited 103×
• Hicks v. State
  Court of Criminal Appeals of Texas· 1975-07-16· cited 90×
• Nickens v. State
  Court of Criminal Appeals of Texas· 1980-01-30· cited 66×
• Overstreet v. State
  Court of Criminal Appeals of Texas· 1971-09-16· cited 56×
• Myers v. State
  Court of Criminal Appeals of Texas· 1978-11-08· cited 51×
• Pollard v. State
  Court of Criminal Appeals of Texas· 1977-06-22· cited 47×