Does the Fifth Amendment prohibit a prosecutor from asking a jury to infer a defendant's guilt based upon their decision not to testify?
MultiRegion, United States of America
The following excerpt is from Rhoades v. Henry, 598 F.3d 495 (9th Cir. 2010):
15. Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989) (precluding retroactive application of a new rule on collater al review unless exceptions, not invoked here, are satisfied).
16. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (holding that the Fifth Amendment prohibits a prosecutor Irom asking a jury to infer a defendant's guilt based upon his decision not to testify).
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