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Home / Opinion Digests / Criminal – Fifth Amendment Right – Failure To Testify – Evidence Uncontradicted (access required)

Criminal – Fifth Amendment Right – Failure To Testify – Evidence Uncontradicted (access required)

Although the prosecutor commented during defendant's trial for PCP possession that the evidence was uncontradicted, this statement was not an impermissible comment on defendant's refusal to testify in derogation of his Fifth Amendment right to remain silent. Conviction for drug possession affirmed. Knight v. Commonwealth (Elder) No. 0948-92-4, Nov. 23, 1993; Fairfax County Cir.Ct. (Annunziata) Exequiel R. ...