How have the courts treated a claim that the prosecutor's closing argument violated the appellant's fifth amendment rights de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mares, 940 F.2d 455 (9th Cir. 1991):
Defense counsel objected to the comments out of the presence of the jury, and the judge ruled that they were proper. We review a claim that the prosecutor's closing argument violated the appellant's fifth amendment rights de novo. United States v. Gray, 876 F.2d 1411, 1416 (9th Cir.1989) (review such a claim "independently and non-deferentially"), cert. denied, --- U.S. ----, 110 S.Ct. 2168, 109 L.Ed.2d 497 (1990).
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