State v. Kimsey

The state charged defendant with driving under the influence of intoxicants, ORS 816.010, reckless driving, ORS 811.170, and failure to perform the duties of a driver, ORS 811.700, arising from an automobile accident. Defendant’s first trial ended in a mistrial after the prosecutor asked the state’s witnesses questions that invited comment on defendant’s right to remain silent. Upon discharging the jury, the trial court obtained the jurors’ impressions of the case and conveyed those impressions to the prosecutor and defendant’s counsel in an effort to encourage plea negotiations in the case.…