State v. Miner
Annotate this CaseAfter a jury trial, Susan Miner was convicted of the offense of assault on a peace officer, a felony. Miner appealed, arguing that she received ineffective assistance of counsel because her counsel did not move for a mistrial when two consecutive prosecution witnesses inadvertently mentioned Miner's potential DUI charge. The Supreme Court affirmed, holding (1) because Miner was not prejudiced by the statements, there was no reasonable possibility that the testimony of the witnesses contributed to Miner's conviction; and (2) therefore, the second prong of Strickland v. Washington was not met because Miner was not prejudiced by her counsel's failure to make a motion for a mistrial, and her trial was fundamentally fair.
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