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TEHAN v. SHOTT

No. 52.

382 U.S. 406 (1966)

86 S.Ct. 459

15 L.Ed.2d 453

TEHAN, SHERIFF v. UNITED STATES EX REL. SHOTT.

Supreme Court of United States.

Decided January 19, 1966.

Attorney(s) appearing for the Case

Calvin W. Prem argued the cause for petitioner. With him on the brief was Melvin G. Rueger.

Thurman Arnold argued the cause for respondent. With him on the brief were James G. Andrews, Jr., and John A. Lloyd, Jr.

Thomas C. Lynch, Attorney General of California, Arlo E. Smith, Chief Assistant Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Derald E. Granberg, Deputy Attorney General, filed a brief for the State of California, as amicus curiae, urging reversal.

MR. JUSTICE STEWART delivered the opinion of the Court.

In 1964 the Court held that the Fifth Amendment's privilege against compulsory self-incrimination "is also protected by the Fourteenth Amendment against abridgment by the States." Malloy v. Hogan, 378 U.S. 1, 6. In Griffin v. California, decided on April 28, 1965, the Court held that adverse comment by a prosecutor or trial judge upon a defendant's failure...

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