On the trial of a criminal cause, a person charged with an offense may, at his own request, be a witness, but not otherwise. The failure of such person to testify may be considered by the court and jury and may be made the subject of comment by counsel.
Bigler v. Pers. Serv. Ins. Co., 2014 Ohio 1467 (Ohio Ct. App. 2014). “See also R.C. 2945.43. Since a -28- criminal defendant’s failure to testify could be the subject of comment in closing, it was reasoned that a civil party’s failure to testify was also a proper subject of comment.”
State v. Hickman, 141 N.E.2d 202 (Ohio Ct. App. 1956). · cites it 2דSection 2945.43, Revised Code. It has been held that if the accused exercises his right to testify, he subjects himself to the same test as to his credibility as any other witness, within the sound discretion of the court.”
State v. O'Connor, 217 N.E.2d 685 (Ohio 1966). · cites it 4דwas not a denial of a defendant’s federal constitutional rights under the Fifth and Fourteenth Amendments to the United States Constitution for the trial court, in its charge to the jury in a criminal case, to comment upon the failure of the defendant to testify pursuant to…”
State v. Parks, 152 N.E.2d 154 (Ohio Ct. App. 1957). · cites it 2דSection 2945.43, Revised Code (Section 13444-3, General Code), provides as follows : “On the trial of a criminal cause, a person charged with an offense may, at his own request, be a witness, but not otherwise.”
Pinch v. Maxwell, 210 N.E.2d 883 (Ohio 1965). · cites it 2דSection 10, Article I of the Ohio Constitution, and Section 2945.43, Revised Code. The provision for such comment is a part of the section of the Ohio Constitution providing for the privilege against self-incrimination.”
State v. McRae, 211 N.E.2d 875 (Ohio Ct. App. 1965). · cites it 2דPursuant to the aforesaid inquiry by the jury, the court read to the jury the quoted parts of the Constitution of the state of Ohio and Section 2945.43 of the Revised Code. Does this comment by the court violate in any manner the decision of the United States Supreme Court in…”
State v. Webb, 188 N.E.2d 180 (Ohio Ct. App. 1962). · cites it 2דWhile the defendant clearly had the right to refuse to take the stand on his own behalf, under the provisions of Section 10 of Article I of the Constitution of Ohio and Section 2945.43 of the Revised Code, this failure on the part of the defendant to testify in his own behalf…”
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