P. v. Frisby CA2/5
At a trial on attempted murder and assault with a deadly weapon charges, the crime victim and an eyewitness both testified they saw defendant and appellant Mark Raymond Frisby (defendant) strike the victim with a hammer. Defendant testified he did not attack the victim or see who did. When cross-examining defendant, the prosecution asked if he had ever told anybody the version of events he recounted during his trial testimony. We consider whether the prosecution’s question constitutes reversible error under Doyle v. Ohio (1976) 426 U.S. 610 (Doyle), which prohibits using a defendant’s reliance on his or her constitutional right to remain silent as evidence of guilt.
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