IN RE DALTON, G029550
A new trial is mandated where the trial court violated defendant's Fifth Amendment right not to testify against himself by initiating defendant's testimony on cross-examination in the presence of the jury, and neither defendant nor his counsel waived the right not to testify.
- Decided 05/29/2002
- Published 05/29/2002
- California Court of Appeal
- For Appellant:
- E. Nicholas Hansen for Petitioner.
- For Appellees:
- Tony Rackauckas, District Attorney, and Scott G. Scoville, Deputy District Attorney, for Respondent.