What is the test for giving instruction on a defendant's failure to explain or deny evidence against him?
California, United States of America
The following excerpt is from People v. Olmedo, F063171 (Cal. App. 2013):
"[T]he test for giving the instruction [on a defendant's failure to explain or deny evidence against him or her] is not whether the defendant's testimony is believable. [The instruction] is unwarranted when a defendant explains or denies matters within his or her knowledge, no matter how improbable that explanation may appear." (People v. Kondor
Page 15
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