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Nothing in the record suggests that the prosecutor manifestly intended to comment on appellant's failure to testify, and a typical jury would certainly not have naturally and necessarily understood the prosecutor's comment, even with his accompanying gesture, to refer to appellant's failure to testify. The prosecutor's comment, taken literally, was to the effect that appellant appeared unconcerned about the outcome of the trial.
March 22, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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