DeHenre v. State

WALLER, Chief Justice,

for the Court:

¶ 1. A trial court may declare a mistrial for misconduct that substantially and irreparably prejudices a party’s case. During voir dire in this case, a prospective juror referred to the defendant, Dr. Ma-lachy DeHenre, as an abortionist. We must decide whether this isolated statement required a mistrial. We find that it did not. Any harm caused by the statement was reparable, and the trial court took immediate action to cure any potential prejudice. All the panel members assured that they could set the comment aside and decide the case based solely on the…