Brooks v. Tennessee

A Tennessee law required a criminal defendant who wished to testify in his own defense to do so before calling any other defense witness, or else lose the right to take the stand at all. Brooks (defendant), on trial for armed robbery, asked to call other defense witnesses before deciding whether to testify himself; even though the prosecution was willing to waive the requirement, the trial court refused to deviate from the statute. Brooks presented two other witnesses but did not testify, was convicted, and his conviction was upheld in the state courts before he sought Supreme Court review.