Does a defendant have a claim that a prosecutor prejudicially erred by asking defendant about his failure to give a statement to police?
California, United States of America
The following excerpt is from People v. Hayward, C079373 (Cal. App. 2017):
3. Because we reverse defendant's conviction on this ground, we need not address defendant's claim that the prosecutor prejudicially erred by asking defendant about, and commenting on, defendant's failure to tell law enforcement his side of the story after defendant invoked his right to remain silent.
4. Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] (Miranda).
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