California, United States of America
The following excerpt is from People v. Williams, F067227 (Cal. App. 2015):
During closing argument, defense counsel argued defendant could have hidden behind his Fifth Amendment right not to testify but instead testified. The trial court sustained objections by the prosecutor to these statements and advised the jury to disregard counsel's statements. Defendant contends the trial court was confusing defense counsel's argument with the error caused when a prosecutor improperly comments on the defendant's failure to testify in violation of Griffin v. California (1965) 380 U.S. 609 (Griffin). Defendant argues Griffin does not limit defense counsel's commentary on a defendant's choice to testify, and it was error for the trial court to sustain the prosecutor's objection.
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