State v. Fry
Court of Appeals of Oregon
1Opinion of the Court
*375BREWER, C. J.
Defendant was convicted of three counts of third-degree assault, ORS 163.165, and one count of first-degree burglary, ORS 164.225. On appeal, he raises two assignments of error. First, he argues, the trial court erred in denying his motion for a mistrial when the prosecutor asked a witness (defendant’s mother) whether she had reported to a deputy sheriff that defendant had admitted committing the crimes. Because we conclude that the trial court did not abuse its discretion in choosing to give a curative instruction rather than grant a mistrial, we reject that assignment of error…
2Cases cited5 opinions
- State v. CunninghamOregon Supreme Court · 1994
- State v. PineOregon Supreme Court · 2003
- State v. BilsborrowCourt of Appeals of Oregon · 2009
- State v. Merida-MedinaCourt of Appeals of Oregon · 2008
- State v. LawrenceCourt of Appeals of Oregon · 2009
3Cited by2 opinions
- State v. FryCourt of Appeals of Oregon · 2010
- United States v. James PattersonCourt of Appeals for the Ninth Circuit · 2026