CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Assertion of Privilege
.........Assertion: Inferences from Exercise
11 Cards On This Topic:

No comment, presumption, or inference allowed from exercise of privilege not to testify.

DA may not comment on D's decision not to testify in criminal proceeding.

Prosecutor did not commit Griffin error when he stated that defendant, who did not testify on his own behalf, did not read certain newspaper articles.

DA's statement that no explanation offered for D's prints on Liquid Plumr bottle was fair comment on state of evidence, not a comment on D's failure to personally provide an alternative explanation under Griffin v. Cal.

Because admonition would have cured any possible harm from DA's penalty phase remark about D's not testifying, D failed to preserve claim of DA misconduct by failing to object.

DA's unsuccessful attempts to question D about details of murders when he testified at penalty phase did not violate privilege against self-incrimination.

No error to refuse to instruct jury not to draw inference from witness' invocation of 5th Amend. where no evidence before jury W had exercised it, and jury would be instructed parties not required to call witnesses.

Although issue waived, no Griffin error where DA commented on defense counsel's failure to provide explanations and focused on counsel's argument and evidence, not on D's silence.

No comment is permitted on the exercise of a privilege in civil cases as well as criminal

Possible Griffin error when DA criticized D's failure to call alibi witnesses averted where court gave defense's requested admonishment to ignore statement.

D not prejudiced by claimed Griffin error where court sustained objection and admonished jury; claim of error not preserved as to other comments by that one objection.