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Ross Anthony Scott v. Texas
Paid petition · Court of Appeals of Texas, Fifth District, No. 05-21-00271-CR · judgment June 27, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In considering whether a prosecutor’s comment on a criminal defendant’s failure to testify infringes on the defendant’s Fifth Amendment privilege against selfincrimination, some courts apply a rigid, “necessarily and naturally” test, while others apply more liberal tests. Does the necessarily-and-naturally test conflict with this Court’s repeated instruction to construe the Fifth Amendment liberally?
Counsel of record
For petitioner
Brett Evan Ordiway
Udashen Anton
For respondent
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Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, March 20, 2023 · Certiorari denied
Proceedings
- Mar 20 2023Petition DENIED.
- Feb 22 2023DISTRIBUTED for Conference of 3/17/2023.
- Jan 06 2023Petition for a writ of certiorari filed. (Response due February 10, 2023)