Can a prosecutor's remarks refer to a defendant's failure to testify?
California, United States of America
The following excerpt is from People v. Grijalva, H024631. (Cal. App. 2003):
In reviewing a claim of Griffin error, we ask whether there was a reasonable likelihood that the remarks could have been understood, within their context, to refer to a defendant's failure to testify. (People v. Clair (1992) 2 Cal.4th 629, 663, 828 P.2d 705.) Appellant argues the prosecutor's comments constituted
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Other Questions
When a prosecutor makes a brief and mild reference to a defendant's failure to testify without any suggestion that an inference of guilt be drawn there from that reference, is it harmless error? (California, United States of America)
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Can a prosecutor argue improperly concerning a defendant's failure to testify? (California, United States of America)
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