State v. Reineke

Defendant appeals a judgment convicting him of murder, ORS 163.115, raising 15 assignments of error. We write to address defendant’s fourth assignment of error, in which he contends that the trial court erred in failing to sustain his objection to the prosecution’s PowerPoint presentation in its closing argument, which he contends impermissibly commented on his invocation of his right to remain silent. For the reasons below, we agree with defendant and, accordingly, reverse and remand for a new trial.1

I. FACTS AND PROCEDURAL HISTORY

Defendant called 9-1-1 and told the dispatcher to send a…