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Yes, but from TFA it sounds like the prosecution did this in closing arguments, when they’re not talking to a witness. Objections are typically not made by oppo
by jonstewart 3y ago
Yes, but from TFA it sounds like the prosecution did this in closing arguments, when they’re not talking to a witness. Objections are typically not made by opposing sides in closing arguments (though possible). IANAL and don’t know precisely under which circumstances the judge should intervene in closing arguments. But implying that pleading the fifth is evidence of guilt is kinda “Prodecutorial No-Nos 101” and it’s not surprising it was overturned on appeal. What’s more surprising is that the prosecution then went to the state Supreme Court.