Archie v. State (2011)

In Archie v. State, 340 S.W.3d 734 (Tex. Crim. App. 2011), the prosecutor asked a rhetorical question only the defendant could answer, a question about the defendant's "present state of mind as he sat in the courtroom," and did so while pointing and stepping towards the defendant. Archie, 340 S.W.3d at 738. The court held that the jury could only have construed the statement as an invitation to consider the defendant's failure to testify. Id.