What is the test for the proposition that a prosecutor violates the constitution by commenting on a defendant's right to retain counsel?

Defendant also cites United States v. Kallin (9th Cir. 1995) 50 F.3d 689, 693, for the proposition that "a prosecutor violates the constitution by commenting on a defendant's decision to exercise his right to retain counsel." That case is also inapposite; here the prosecutor did not comment on defendant's decision to retain counsel.

Defendant next points out that the right to receive and examine discovery from the prosecution is rooted in the Fourteenth Amendment right to due process, citing Brady v.

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