Tehan v. Shott

381 U.S. 923 Court SCOTUS Decision date 1965-05-24 Docket No. 877 English

Judges Mr. Justice Douglas dissents, being of the view that the case should be remanded to the District Court for a finding on allegation that the respondent at the trial waived any objection to the comment made on his failure to testify.; The Chief Justice took no part in the consideration or decision of this petition.

Delivered by Majority

Majority

p. 803

No. 877.

Tehan, Sheriff v. Shott.

Melvin G. Rueger, Calvin W. Prem and Harry C. Schoettmer for petitioner. Thurman Arnold, James G. Andrews, Jr., and John A. Lloyd, Jr., for respondent.

C. A. 6th Cir. Certiorari granted. The parties are requested to brief and argue the question of the retroactivity of the doctrine announced in Griffin v. California, 380 U. S. 609 .

Mr. Justice Douglas dissents, being of the view that the case should be remanded to the District Court for a finding on allegation that the respondent at the trial waived any objection to the comment made on his failure to testify.

The Chief Justice took no part in the consideration or decision of this petition.

Cases cited

Griffin v. California 380 U. S. 609 SCOTUS 1965-04-28 p. 803