What is the effect of a restriction on comment by the trial court on comments by a defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Greenberger, 58 Cal.App.4th 298, 68 Cal.Rptr.2d 61 (Cal. App. 1997):

Greenberger contends, however, that this argument fails to address the impact of the trial court's restriction on her. She argues that the trial court should have either allowed comment or granted a severance. She finds support for this position in dictum in the majority opinion in DeLuna v. United States, supra, 308 F.2d at 141: "If an attorney's duty to his client should require him to draw the jury's attention to the possible inference of guilt from a codefendant's silence, the trial judge's duty is to order that the defendants be tried separately." (See also United States v. Echeles (7th Cir.1965) 352 F.2d 892, 898.)

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