State v. Snyder

Summary

The Oregon Court of Appeals held that the trial court abused its discretion by denying a mistrial after an officer improperly testified that the defendant invoked his Miranda rights. Because the trial court found that the reference was likely to suggest guilt and took no curative action, the court reversed the conviction and remanded for further proceedings.

Holdings

1. When an officer testifies that a defendant invoked the right to remain silent in circumstances where the jury is likely to infer guilt from that invocation, the reference is prejudicial.
2. When a defendant moves for a mistrial based on an improper reference to the invocation of a constitutional right and the jury is likely to infer guilt, the trial court may not simply deny the motion and take no corrective action.
3. The trial court abused its discretion by denying the mistrial motion without providing a curative instruction or otherwise curing the prejudicial effect of the officer's testimony.

Questions Presented

1. Whether the trial court abused its discretion by denying defendant's motion for a mistrial after an officer testified that defendant had invoked his Miranda rights.
2. Whether a defendant's refusal of a proposed curative instruction permits the trial court to deny a mistrial without taking other corrective action when the jury is likely to infer guilt from an improper reference to the defendant's invocation of a constitutional right.

Disposition

reversed_and_remanded