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California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify

Loaded on Feb. 16, 2018 by Dale Chappell published in Criminal Legal News March, 2018, page 19
Filed under: Criminal Procedure. Location: California.

by Dale Chappell

A jury’s multiple discussions about why a defendant chose not to testify, despite the court’s warnings not to consider them, were sufficient misconduct to presume prejudice, the Court of Appeal of California for the Fourth Appellate District held November 16, 2017.

Francisco Solorio was charged with first ...

 

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