California, United States of America
The following excerpt is from People v. Quiming, H043494 (Cal. App. 2018):
In Griffin, the United States Supreme Court held that the prosecution may not comment upon a defendant's failure to testify in his or her own behalf. The holding of Griffin "does not, however, extend to bar prosecution comments based upon the state of the evidence or upon the failure of the defense to introduce material evidence or to call anticipated witnesses. [Citations.]" (People v. Bradford (1997) 15 Cal.4th 1229, 1339 (Bradford).) Thus, "a prosecutor may commit Griffin error if he or she argues to the jury that certain testimony or evidence is uncontradicted, if such contradiction or denial could be provided only by the defendant, who therefore would be required to take the witness stand. [Citations.]" (Ibid.)
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