What is the test for misconduct in a trial where a defendant refused to take the stand in his or her own defense?

California, United States of America

The following excerpt is from People v. Le, D057392, Super. Ct. No. SCD212126 (Cal. App. 2012):

is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct.' [Citation.]" (People v. Harrison (2005) 35 Cal.4th 208, 244.)
" 'It is now well established that although Griffin [ v. California (1965) 380 U.S. 609, 85 S.Ct. 1229] prohibits reference to a defendant's failure to take the stand in his [or her] own defense, that rule "does not extend to comments on the state of the evidence or on the failure of the defense to introduce material evidence or to call logical witnesses. [Citations.]" [Citations.]' " (People v. Lewis (2009) 46 Cal.4th 1255, 1304.)

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