Does a prosecutor who referred to a defendant's failure to testify and lack of remorse constitute a criminal error?
California, United States of America
The following excerpt is from People v. Lopez, 235 Cal.Rptr.3d 64, 420 P.3d 878, 5 Cal.5th 339 (Cal. 2018):
Lopez contends that the prosecutor committed error under Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 ( Griffin ) when he improperly referred to Lopezs failure to testify and lack of remorse.
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