What constitutes a waiver of the presumption of innocence in a criminal case?
California, United States of America
The following excerpt is from People v. Fondron, 157 Cal.App.3d 390, 204 Cal.Rptr. 457 (Cal. App. 1984):
It is the contention of appellant that the prosecutor was improperly permitted to argue, over defense objection, that appellant's postarrest silence was a circumstance indicating his guilt. According to appellant, this argument violated appellant's right to due process of law, as set forth in Doyle v. Ohio (1976) 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91.
A. Waiver
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