Is a prosecution's argument commenting on defendants' failure to testify permissible?
California, United States of America
The following excerpt is from People v. Gordon, C061813, C061814 (Cal. App. 2012):
The People contend the trial court erred in finding the prosecution's argument commented on defendants' failure to testify, constituting error under Griffin v. California (1965) 380 U.S. 609, 613 [14 L.Ed.2d 106] (Griffin).) Instead, the People argue, the prosecution merely made permissible comments on the state of the evidence.
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