Defendant Not Misled in Decision Not to Testify at Trial

When a person is sentenced to death, there is an automatic appeal, usually on multiple grounds, some which are stronger than others. In the following case involving a gang murder by a member of the Lao Family in an El Monte nightclub, defendant was convicted of murder and sentenced to death. At trial, he chose not to testify based on some comments by the judge that if he testified, the prosecutor would be allowed to impeach him by asking him about prior criminal conduct to address his self-defense claim. He then appealed his conviction and the Second Appellate District denied this claim. To read a summary of the appellate court’s ruling, please click on the following link –

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