California, United States of America
The following excerpt is from People v. Grant, C073063 (Cal. App. 2014):
The prosecutor's statements did not violate Griffin because it is not reasonably likely the jury could have understood the challenged comments to refer to defendant's failure to testify. (People v. Clair (1992) 2 Cal.4th 629, 663 [describing standard for examining whether comment violates Griffin].) Defense counsel is not ineffective for failing to object to the challenged remarks when the prosecutor did not engage in misconduct. (People v. Medina (1995) 11 Cal.4th 694, 756.)
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