Legal Opinion

State v. Fry

Court of Appeals of Oregon

Decided March 24, 2010No. 06092050; A135842PublishedCited by 2 opinions

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

  1. State v. CunninghamOregon Supreme Court · 1994
  2. State v. PineOregon Supreme Court · 2003
  3. State v. BilsborrowCourt of Appeals of Oregon · 2009
  4. State v. Merida-MedinaCourt of Appeals of Oregon · 2008
  5. State v. LawrenceCourt of Appeals of Oregon · 2009

3Cited by2 opinions

  1. State v. FryCourt of Appeals of Oregon · 2010
  2. United States v. James PattersonCourt of Appeals for the Ninth Circuit · 2026

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