Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless?
California, United States of America
The following excerpt is from People v. Jeffers, 188 Cal.App.3d 840, 233 Cal.Rptr. 692 (Cal. App. 1987):
Jeffers contends the prosecutor's comments to the jury about his failure to testify constituted prejudicial error under Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. We disagree, finding any error to be harmless.
Jeffers's counsel argued to the jury:
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