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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

Certiorari denied · March 20, 2023

Pre-decision estimate: 0% cert probability

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
—

Case

Conference history
Distributed for 1 conference

Proceedings

Mar 20 2023
Petition DENIED.
Feb 22 2023
DISTRIBUTED for Conference of 3/17/2023.
Jan 06 2023
Petition for a writ of certiorari filed. (Response due February 10, 2023)
Petition Appendix Certificate of Word Count Proof of Service