Can a prosecutor or the court comment directly or indirectly upon a defendant's failure to testify in his defense?

California, United States of America


The following excerpt is from People v. Melendez, A126528 (Cal. App. 2011):

"Under the rule in Griffin, error is committed whenever the prosecutor or the court comments, either directly or indirectly, upon defendant's failure to testify in his defense. It is well established, however, that the rule prohibiting comment on defendant's silence does not extend to comments on the state of the evidence, or on the failure of the defense to introduce material evidence or to call logical witnesses. [Citations.]" (People v. Medina (1995) 11 Cal.4th 694, 755.)

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