State v. Tarbox
Annotate this CaseAfter a jury trial, Defendant was found guilty of domestic violence assault and obstructing the report of a crime or injury. The court sentenced Defendant to three years’ incarceration with all but nine months suspended and three years’ probation, plus fees. The Supreme Judicial Court affirmed, holding (1) the trial court did not commit prejudicial error by not sua sponte declaring a mistrial when the prosecutor commented on Defendant’s right not to testify during the State’s rebuttal closing argument; and (2) the trial court did not err by denying Defendant’s motions for a mistrial after the jury heard statements by the victim regarding Defendant’s prior interactions with police and the victim’s consultation with a domestic violence program and acquisition of a protection order.
Court Description: Corrected April 20, 2017 (Errata sheet)
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