State v. Grubb

CARL R. GAERTNER, Presiding Judge.

Defendant appeals his conviction for burglary and stealing. His sole contention on appeal is that the trial court erred in refusing to grant a mistrial when the prosecutor elicited an answer by a police officer concerning defendant’s post-arrest, post-Miranda warning silence. The trial incident involved the following exchange on direct examination of a deputy sheriff from Pike County.

Q. Okay. Now, was Mr. Grubb interrogated at all at the sheriffs office?

A. No, sir — well, he was interviewed briefly.

Q. Okay. No statement by him; is that correct?

A. That is…