FRANKLIN v. STATE (Majority, with Dissenting)
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In November 2020, Deputy James Oswald found Rhys Franklin asleep in a parked car on the side of the road. Franklin exhibited signs of intoxication, admitted to drinking, and refused to submit to a field sobriety test. He was arrested on suspicion of driving while intoxicated (DWI) and later refused to submit to any chemical tests at the detention center. At his jury trial, Franklin's defense counsel moved for a mistrial twice, first when Deputy Oswald mentioned a portable breath test (PBT) result in response to the defense's questioning and second when another officer, Omar Gonzales, voluntarily mentioned that a PBT was administered. Both motions were denied by the Scott County Circuit Court. Franklin was convicted of DWI and refusal to submit to a chemical test. The Court of Appeals reversed the convictions, but the Supreme Court of Arkansas granted the State's petition for review.
The Supreme Court of Arkansas held that the circuit court did not abuse its discretion in denying the motions for a mistrial. The court found that the defense's questioning invited Deputy Oswald's mention of the PBT result, which made it an invited error that the defense could not complain about. In the case of Gonzales's statement, the court found that it was not a foreseeable response to the prosecution's question and was not deliberately induced by the prosecution. Furthermore, the mention of the PBT without the results was viewed as a harmless error, given the substantial evidence of Franklin's guilt. The court also pointed out that any potential prejudicial effect of the officers' statements could have been mitigated by a curative instruction, which the court offered but the defense declined. The court affirmed the convictions and vacated the opinion of the Court of Appeals.
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