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Name: In re Dalton
Case #: G029550
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/29/2002
Subsequent History: Rev. denied, opinion withdrawn by order of court 9/18/02. Depublished.
Summary

The defendant was a doctor charged with molesting his patients in his office under the guise of treating them. At a site visit by the jury to the office, the court asked counsel if the defendant should be sworn to give a guided tour, and defendant was summoned from his office and sworn as a witness without any advisement of his right against self-incrimination . The court questioned defendant about noises from office equipment, drug storage and construction of the walls. The appellate court held defendant’s right against self-incrimination was violated by the trial court’s request, made in front of the jury, for the defendant to testify. No final decision had been made regarding whether defendant would testify, and his lawyers could not waive the right not to testify for him.