Supreme Court of California

Judgment of the Court of Appeal finding that the discussion of defendants’ decisions not to testify constituted misconduct that raised a presumption of prejudice is reversed and remanded for reconsideration of defendants’ motion for new trial, where the Court of Appeal erred in declaring the misconduct in discussing defendants’ decisions not to testify to be categorically prejudicial without considering whether the jury was promptly reminded of the court’s instructions to disregard defendants’ decisions not to testify or whether any objective evidence in the record indicated that the reminder of the court’s instructions would have been ineffective.

Appellate Information

• Decided 12/08/2014
• Published 12/09/2014

Judges

• Baxter

Court

• Supreme Court of California

Counsel