Rock v. Arkansas
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Texas Court of Criminal Appeals declined to treat Rock's recognition of a fundamental right to testify as making its denial structural error. The other opinions read applied Rock, used its stated evidentiary boundaries, or addressed other authorities.
2,302 later cases cite Rock v. Arkansas; 71 of those citations sat close to treatment language and were flagged for reading; 70 of them have been read, and the text of 1 citing opinion could not be retrieved, so it remains unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Rock v. Arkansas?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Texas Court of Criminal Appeals declined to extend Rock's fundamental-right analysis into a rule that denying a defendant the right to testify is structural error.
Johnson v. State · Texas Court of Criminal Appeals · filed
The right to testify was, however, recognized as a “fundamental” constitutional right in Rock v. Arkansas. ... The question is whether the Supreme Court’s discussion in Rock, including its characterization of the right as “fundamental” and its discussion of the third source of the right to testify, amounted to a pronouncement that a violation of the right to testify was a “structural” error for the purpose of conducting a harm analysis. We conclude that it did not.
Read the full opinion on CourtListener →
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