Clifford Olson v. State Texas Book Reviews

Clifford Olson v. State Texas by Supreme Court of Texas Book Summary

On rehearing, appellant vigorously asserts this court failed to answer his first ground of error on original submission. He contends that by briefs and oral arguments he has sought to make clear his proposition that the introduction at his 1968 trial of his handwriting exemplars taken in 1963 was in violation of the self-incrimination privilege of the Texas Constitution, Article I, ? 10, not that it was violative of the Fifth Amendment, United States Constitution. He recognizes the holding in Gilbert v. California, 388 U.S. 263, 87 S. Ct. 1951, 18 L. Ed. 2d 1178 (1967), which was applied by this court in Burns v. State, 432 S.W.2d 93 (Tex.Cr.App. 1968), both decisions being cited in the opinion on original submission, but argues these cases dealt only with the scope of the Fifth Amendment not the state constitutional provision. He urges that the Texas constitutional provision is broader and more sweeping in scope than that of the analogous provision in the Fifth Amendment.

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