Castro v. State

I cannot concur fully in the majority opinion for the following reasons:

1. In Division 2, I do not believe that the majority’s additional analysis regarding “the nature of [Lovell’s] unresponsive comment and the lack of apparent prejudice” is required by law. I find that, after the trial court’s thorough curative instructions, the poll of the jury and its response (or lack thereof) was legally sufficient to determine that the trial court did not err in denying Castro’s motion for mistrial.4

[T]he trial court’s poll of the jury reflects that no juror believed he or she could not follow the…