713-224-1747
Failure to Testify
From McClung's Texas Pattern Jury Charges:
You are instructed that our law provides that the failure of the defendant to testify shall not be taken as a circumstance against him, and during your deliberations you must not allude to, comment on, or discuss the failure of the defendant to testify in this cause, nor will you refer to or discuss any matter not before you in evidence.
How is it even conceivable that we should allow a court, when talking to jurors, to describe a defendant's election not to testify - the exercise of one of the rights that we, as defenders, hold sacred - as a "failure"?
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From our office in Houston, we represent clients throughout Harris County and across the state of Texas. We assist with criminal cases in Conroe, The Woodlands, Spring, New Caney, Porter, Humble, Atascocita, Aldine, Cloverleaf, Pasadena, South Houston, Pearland, Fresno, Missouri City, Sugar Land, Pecan Grove, Richmond, and Katy.
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917 Franklin Street, Fourth Floor, Houston, TX 77002
713-224-1747
