California Court of Appeal

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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.

Appellate Information

  • Decided 05/29/2002
  • Published 05/29/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • E. Nicholas Hansen for Petitioner.

  • For Appellees:
  • Tony Rackauckas, District Attorney, and Scott G. Scoville, Deputy District Attorney, for Respondent.
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