Rule 27.05 - Misdemeanors or Felonies - Failure of Defendant or Spouse to Testify(a) If the defendant shall not avail himself or herself of his or her right to testify, or of the testimony of the wife or husband, on the trial in the case, it shall not be construed to affect the innocence or guilt of the accused, nor shall the same raise any presumption of guilt, nor be referred to by any attorney in the case, nor be considered by the court or jury before whom the trial takes place.(b) If the defendant does not testify, and the defendant so requests, but not otherwise, the court shall instruct the jury in writing as follows: "Under the law, a defendant has the right not to testify. No presumption of guilt may be raised and no inference of any kind may be drawn from the fact that defendant did not testify."
Adopted June 13, 1979, eff. 1/1/1980; amended November 22, 2022, eff. 7/1/2023.Committee Note - 1980
This is the same as prior Rule 26.08 .