Can a defendant bring a claim against the prosecutor for improper comment on his failure to testify?

California, United States of America

The following excerpt is from People v. Lewis, 106 Cal.Rptr.2d 629, 22 P.3d 392, 25 Cal.4th 610 (Cal. 2001):

Defendant asserts the prosecutor's statements were an impermissible comment on his failure to testify, in violation of Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106.
Because defense counsel neither objected to the prosecutor's remarks on this or any other basis, nor requested an admonition from the trial court to cure any perceived harm, defendant's claim has not been preserved on appeal. (People v. Lucero, supra, 23 Cal.4th at p. 719, 97 Cal.Rptr.2d 871, 3 P.3d 248.) It lacks merits in any event.

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