What is the meaning of a comment on the failure of a defendant to testify?
California, United States of America
The following excerpt is from People v. Memro, 11 Cal.4th 786, 12 Cal.App.4th 783, 47 Cal.Rptr.2d 219, 905 P2d 1305 (Cal. 1995):
We examine whether there is a reasonable likelihood that the jury would have understood the remark to be a comment on defendant's failure to testify. (People v. Clair, supra, 2 Cal.4th 629, 663, 7 Cal.Rptr.2d 564, 828 P.2d 705.)
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