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Meader v. People

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eBook details

  • Title: Meader v. People
  • Author : Colorado Court of Appeals
  • Release Date : January 05, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The district attorney was overzealous in his effort to obtain a conviction, and his comments in the course of his closing argument violate the clear mandate of Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965); accord, Desmond v. United States, 345 F.2d 225 (1st Cir. 1965). On no less than four occasions, the prosecutor focused the jurys attention on the defendants failure to take the stand. He pointed out to the jury that the People alone had presented the facts. He then added that the People didnt make the facts, but the defendant did, and that the defendant sits before the jury with that burden on her mind. He also told the jury that there was not one other thread of evidence except that which the People had offered. He then went on to say that they had heard nothing about the defendant and her failure to accept responsibility for her acts. Thereafter, he pointed out that there was no evidence except that which the People had produced. Even then, he was not satisfied that the jury was convinced of the defendants guilt, so he exhorted the jury to convict to stop the type of conduct that was highlighted by the evidence during the trial.


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