State v. Osorno

A jury convicted defendant of driving under the influence of intoxicants (DUII), reckless driving, and failure to perform the duties of a driver when property is damaged. At trial, the prosecutor elicited testimony regarding defendant’s invocation of her right to remain silent, despite a pretrial ruling that such evidence was inadmissible. The trial court denied defendant’s motions for a mistrial and for a new trial based on its conclusion that, although the elicitation of the testimony was clearly improper, it did not prejudice defendant’s right to a fair trial. We agree with defendant that…