Section 21.12 Rights of the Accused

• Library: Criminal Practice 2012 Supp

2. (§21.12) Rights of the Accused

Jurors must state unequivocally that they would draw no inference of guilt from the defendant’s failure to testify. The ability to “probably” make a decision “just by the evidence” is not sufficient. State v. Odom, 712 S.W.2d 466, 468 (Mo. App. E.D. 1986). Likewise, it was error for the trial court to deny a challenge for cause when a juror stated that she would like to hear the defendant’s side and that his failure to testify might “[p]ossibly” cause her to think defendant had something to hide. State v. Stewart, 692 S.W.2d 295 (Mo. banc 1985); see also State v. Bohlen, 698 S.W.2d 577 (Mo. App. E.D. 1985). But any abuse of discretion by the court’s failure to strike such venirepersons is not prejudicial if the defendant testifies. State v....