Carpenter v. State

KLEIN, Judge.

The question posed by this appeal is whether the court should have granted a mistrial because the prosecutor asked defendant if he made an incriminating admission against interest, defendant denied it, and the prosecutor did not subsequently prove it. We conclude that where the court is satisfied that the prosecutor has a good faith belief that the fact insinuated is true, the question is permissible.

Defendant, who was charged with second degree murder, admitted shooting and killing Brian Soini, but testified that the shooting was in self-defense. The killing occurred after…