Can a prosecutor or the court comment upon a defendant's failure to testify?
California, United States of America
The following excerpt is from People v. Barrios, H039190 (Cal. App. 2015):
Griffin holds that "error is committed whenever the prosecutor or the court comments upon defendant's failure to testify." (People v. Vargas (1973) 9 Cal.3d 470, 475.) Defendant did not testifyindeed, he presented no case-in-chiefand under
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