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PORTUONDO v. AGARD

United States Supreme Court No. 98-1170

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QUESTION PRESENTED: Does the Constitution forbid a prosecutor to mention to the jury the fact that the defendant has had the advtangage of listening to the other witnesses testify before he testifies?

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

ARGUMENT - Parts I and II

I. The People's closing argument did not violate due process

II. Griffin is a limited decision closely tied to the policies supporting the self-incrimination privilege

Part III

III. The Confrontation Clause's basis in the accuracy of the fact-finding process does not support an extension of Griffin

A. The Confrontation and the truth
B. The right choice
1. Choice and accuracy
2. Finding the truth

Attacking defendant's credibility as a witness does not violate the right to testify

Conclusion