# Tehan v. United States Ex Rel. Shott

> Supreme Court of the United States · November 15, 1965 · 382 U.S. 406

URL: https://www.frixlaw.com/law-library/cases/9423131

## Case

- **Full name:** TEHAN, SHERIFF v. UNITED STATES Ex Rel. SHOTT
- **Court:** Supreme Court of the United States
- **Decided:** November 15, 1965
- **Citations:** 382 U.S. 406; 86 S. Ct. 459; 15 L. Ed. 2d 453; 1966 U.S. LEXIS 2527
- **Precedential status:** Published
- **Opinion:** Dissent by Black
- **Judges:** Stewart, Black, Douglas, Fortas
- **Cited by:** 598 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9423131

## How later opinions describe it (automated extraction)

- holding the rule against adverse comments on a defendant's failure to testify as violative of the privilege against self-incrimination, announced in Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, not to be retroactive
- holding that the Griffin v. California, 380 U.S. 609, 14 L. Ed. 2d 106 (1965) rule prohibiting comment on the accused's failure to testify is to be applied prospectively only
- holding Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) non-retroactive

## Opinion text

Mr. Justice Black,
with whom Mr. Justice Douglas joins,
dissents for substantially the same reasons stated in his dissenting opinion in Linkletter v. Walker, 381 U. S. 618, at 640 .
The Chief Justice took no part in the decision of this case.
Mr. Justice Fortas took no part in the consideration or decision of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9423131. Public record. Not legal advice.