Supreme Court of the United States, 1965

Tehan v. Shott

Supreme Court of the United States · Decided May 24, 1965 · Being, Consideration, Douglas, Failure, Finding, Made, Objection, Remanded, Respondent, Should, Testify, That, Took

381 U.S. 923; 85 S. Ct. 1560 (United States Reports)

Opinion of the Court

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.

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