California, United States of America
The following excerpt is from People v. Kelley, D074701 (Cal. App. 2019):
Griffin, supra, 380 U.S. 609 prohibits the prosecutor from commenting on a defendant's failure to testify. (People v. Vargas (1973) 9 Cal.3d 470, 475.) "However, not every comment upon [the] defendant's failure to present a defense constitutes Griffin error. It is now well established that although Griffin prohibits reference to a defendant's
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