holding that if a prosecutor indicates or implies a failure by the defense to present testimony, a court must "closely scrutinize" the circumstances of the comment to ensure that a defendant's right to remain silent has not been violated because if a jury could draw from the comments a negative inference regarding defendant's choice not to testify, the Fifth Amendment has been infringed
Summary of this case from State v. Aguirre2002
holding that if a prosecutor indicates or implies a failure by the defense to present testimony, a court must "closely scrutinize" the circumstances of the comment to ensure that a defendant's right to remain silent has not been violated because if a jury could draw from the comments a negative inference regarding defendant's choice not to testify, the Fifth Amendment has been infringed
Summary of this case from State v. AguirreFull title:PETITIONS FOR CERTIFICATION
Court:Supreme Court of New Jersey
Date published: Jan 1, 2002
State v. Cooke, 345 N.J.Super. 480, 490, 785 A.2d 934 (App.Div.2001), certif. denied,171 N.J. 340, 793 A.2d…
State v. Walker345 N.J. Super. 480 (App. Div. 2001), certif. denied, 171 N.J. 340 (2002). In that case, the defendant was…