CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Comment on Exercise of Privilege
............Curative Instruction
4 Cards On This Topic:

No due process violation if trial court immediately cures violation with sustained objection and instructions.

Court's direction not to consider DA's comment that D "stand up and take responsibility" was immediate, unequivocal and repeated—b/c of aggravating circs and D's attempts to suppress evidence, asserted Griffin error harmless.

No reasonable likelihood DA's hearsay objection re D's unavailability could have led jurors to see it as reference to his not testifying. It was legal objection, not directed to jury.

D failed to object to DA's comments and request a curative admonition and thus forfeited any claim of Griffin error; he was not prejudiced by counsel's failure to object to DA's comments.