What is the current state of the law on prosecution comments on the Fifth Amendment?

"'Under the Fifth Amendment of the federal Constitution, a prosecutor is prohibited from commenting directly or indirectly on an accused's invocation of the constitutional right to silence.'" (People v. Tafoya (2007) 42 Cal.4th 147, 184; see Griffin v. California (1965) 380 U.S. 609, 615 ["the Fifth Amendment . . . forbids . . . comment by the prosecution on the accused's silence"].) "Where it is 'reasonably probable' that the prosecutor's comments misled the jury 'into drawing an improper inference regarding defendant's silence,' the remarks will be deemed to constitute Griffin error." (People v. Denard (2015) 242 Cal.App.4th 1012, 1020.) The Griffin rule "'does not, however, extend to bar prosecution comments based upon the state of the evidence or upon the failure of the defense to introduce material evidence or to call anticipated witnesses.'" (People v. Thomas

Page 15