In O'Connor v. Ohio, 382 U.S. 286, we considered this contention when we granted certiorari, vacated the conviction and remanded the case to the Supreme Court of Ohio for further proceedings in light of our decision in Griffin v. California, 380 U.S. 609. Following remand, the Ohio court by a closely divided vote upheld petitioner's conviction solely on the ground that he failed to object to the proscribed comment at his trial and during his first appeal in the state courts.Summary of this case from O'Connor v. Ohio
No. 281, Misc.
Decided December 13, 1965.
Rehearing granted: certiorari granted: vacated and remanded.
The petition for rehearing is granted and the order of October 11, 1965, insofar as it denies certiorari, is vacated. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is granted and the judgment is vacated. The case is remanded to the Supreme Court of Ohio for further proceedings in light of Griffin v. California, 380 U.S. 609.