California, United States of America
The following excerpt is from People v. Strand, A128629 (Cal. App. 2011):
inferences adverse to defendant, the foreperson promptly forestalled that possibility, reminding the jurors that defendant had a right not to testify and that his assertion of that right could not be held against him. Under these circumstances, the purpose of the rule against commenting on defendant's failure to testify was served, and the presumption of prejudice is rebutted." (Id. at p. 749; see similarly People v. Avila (2009) 46 Cal.4th 680, 726-727 [finding no prejudice on similar facts].)
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