Is a comment on a defendant's failure to testify impermissible?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ward, 878 F.2d 387 (9th Cir. 1989):
A comment on a defendant's failure to testify is impermissible if (1) the prosecutor intended to call attention to the fact or (2) the jury would naturally and necessarily take it that way. Lincoln v. Sunn, 807 F.2d 805, 809 (9th Cir.1987).
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