Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify?
California, United States of America
The following excerpt is from People v. Stewart, 15 Cal.Rptr.3d 656, 33 Cal.4th 425, 93 P.3d 271 (Cal. 2004):
Defendant asserts that during closing argument the prosecutor improperly commented upon defendant's failure to testify, in violation of Griffin v. California (1965) 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (Griffin).
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