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GRIFFIN v. CALIFORNIA

No. 202.

380 U.S. 609 (1965)

GRIFFIN v. CALIFORNIA.

Supreme Court of United States.

Decided April 28, 1965.

Attorney(s) appearing for the Case

Morris Lavine argued the cause and filed briefs for petitioner.

Albert W. Harris, Jr., Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Thomas C. Lynch, Attorney General, Arlo E. Smith, Chief Assistant Attorney General, and Derald E. Granberg, Deputy Attorney General.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner was convicted of murder in the first degree after a jury trial in a California court. He did not testify at the trial on the issue of guilt, though he did testify at the separate trial1 on the issue of penalty. The trial court instructed the jury on the issue of guilt, stating that a defendant has a constitutional right not to...

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