Is a comment made by a prosecutor on a plaintiff's exercise of his Fifth Amendment right harmless?
MultiRegion, United States of America
The following excerpt is from Robideau v. Rhay, 452 F.2d 605 (9th Cir. 1971):
In Robideau v. Rhay, 431 F.2d 880 (9th Cir. 1970), we reversed an order denying petitioner's application for a writ of habeas corpus and remanded the case to the district court with instructions to determine if the prosecutor's comment on petitioner's exercise of his Fifth Amendment right "was harmless beyond a reasonable doubt." That court found the comment harmless. Petitioner appeals from the order entered on this finding. We affirm.
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