State v. MitchellAnnotate this Case
After a jury trial, Defendant was convicted of driving under the influence (DUI), fourth offense, with refusal to submit to a chemical test, and for driving during revocation. The court of appeals affirmed. Defendant petitioned for further review, arguing that the district court erred in overruling his motion for mistrial because the State violated due process and the state and federal constitutions by improperly commenting during closing arguments on Defendant’s pretrial silence. The Supreme Court affirmed, holding that, although the prosecutor’s closing remarks about Defendant’s postarrest, pre-Miranda silence were questionable, they did not prejudice his right to a fair trial.