California, United States of America
The following excerpt is from People v. Lopez, 71 Cal.App.4th 1550, 84 Cal.Rptr.2d 655 (Cal. App. 1999):
As the United States Supreme Court has observed, "A witness may not employ the privilege to avoid giving testimony that he simply would prefer not to give." (Roberts v. United States, supra, 445 U.S. at p. 560, fn. 7, 100 S.Ct. 1358, 1364, fn. 7, 63 L.Ed.2d at p. 630, fn. 7.) But that is exactly what Miranda tried to do. Given that his decision was fully informed and willful--and in disobedience to a court order--the jury was entitled to consider his defiance against him and, to the extent it validated the gang expert's testimony, against Lopez. Thus, we conclude if any error in judgment was committed, it was committed by Miranda, not the court.
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