California, United States of America
The following excerpt is from People v. Denard, 195 Cal.Rptr.3d 676, 242 Cal.App.4th 1012 (Cal. App. 2015):
Appellant did not testify in his own behalf and contends that remarks made by the prosecutor in argument to the jury were direct comments on appellant's decision not to testify. Appellant asserts that the prosecutor's misconduct violated appellant's Fifth and Fourteenth Amendment rights pursuant to Griffin v. California (1965) 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (Griffin ), requiring reversal. We hold that the prosecutor's remarks constituted Griffin error. However, based on the overwhelming evidence of appellant's guilt, we conclude the error was harmless beyond a reasonable doubt.
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