State v. Retamozzo
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of criminal restraint by a parent. Defendant appealed, asserting that the trial court erred by failing to declare a mistrial sua sponte after Defendant’s mother testified that she had visited Defendant in jail. Specifically, Defendant argued that the testimony undermined the fairness of the fact finding process by creating an impression in the jurors’ minds of Defendant’s guilt. The Supreme Court affirmed the conviction, holding that Defendant’s mother’s brief statement at trial likely did not have any effect, much less a prejudicial effect, on Defendant’s right to a fair trial.
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