Court of Criminal Appeals of Tennessee· 3/20/1991

State v. Thomas

Citations

818 S.W.2d 350
1991 Tenn. Crim. App. LEXIS 204

How courts have described this case

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

holding that “[t]he failure to make a contemporaneous objection serves as a waiver”
reiterating that “[m]ere argument by the State that proof on a certain point is unrefuted or uncontradicted is not an improper comment upon a defendant’s failure to testify” (citation and internal quotation marks omitted)
reiterating that “[m]ere argument by the State that proof on a certain point is unrefuted or uncontradicted is not an improper comment upon a defendant’s failure to testify” (citation and internal quotation marks omitted)
stating that “the United States Supreme Court held that a prosecutor cannot comment in final argument upon the accused’s failure to take the stand in his own defense” and that this “has been the long-standing rule in Tennessee”
finding search improper because officers “knew or should have known” that the purse belonged to a non-resident
relying on McCabe, finding search exceeded warrant where officers knew or should have known purse belonged to visitor and there \was no opportunity for anyone to have hidden [in it] the cocaine suspected on the premises\

Source: CourtListener parenthetical corpus (CC0).

Judges: Wade, Birch, Tipton

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Cited by

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

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