State v. Melton

Defendant appeals his DUII conviction. ORS 813.010. He assigns as error the trial court’s refusal to grant a mistrial or to give a curative instruction to the jury.1

A motion for mistrial must be timely. It is timely if it is made when the objectionable conduct has just occurred. State v. Walton, 311 Or 223, 248, 809 P2d 81 (1991). Defense counsel objected to the prosecutor’s question and said, “I have a matter for the Court. We can take it up later.” The court responded, “I’ll sustain the objection.” The court then asked if the parties were ready for closing arguments. Defense counsel…