California, United States of America
The following excerpt is from People v. Cooper, F067544 (Cal. App. 2015):
While the prosecution is prohibited from making direct or indirect comment on a defendant's failure to testify, that prohibition does not extend to comments on the failure of the defense to introduce material evidence or to call logical witnesses. (People v. Hughes (2002) 27 Cal.4th 287, 372.) A trial court has discretion when determining whether a comment on a defendant's failure to call witnesses is permissible or impermissible. (People v. Ford (1988) 45 Cal.3d 431, 437.) Here, however, the court was never asked to exercise this discretion, as defendant did not object during closing arguments. Thus, "defendant has waived his right to complain of [the] asserted ... error on appeal." (People v. Hughes, supra, at p. 372.)
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