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STATE v. GRIFFIN

No. 96-1974.

576 N.W.2d 594 (1998)

STATE of Iowa, Appellee, v. Byron Carter GRIFFIN II, Appellant.

Supreme Court of Iowa.

March 25, 1998.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Dennis D. Hendrickson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Julie H. Brown, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Raymond Walton, Assistant County Attorney, for appellee.

Considered by LARSON, P.J., and CARTER, SNELL, ANDREASEN, and TERNUS, JJ.

LARSON, Justice.

This defendant, Byron Griffin, was tried with a codefendant for the sexual abuse of a fifteen-year-old girl. Griffin requested an instruction that the jury should draw no inference from the fact that he did not testify. This created a dilemma for the trial court because Griffin's codefendant, who also did not testify, objected to this instruction. The court, relying on State v. Kimball, 176 N.W.2d 864, 869...

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