State v. Cooper

Defendant appealed from his conviction for assault in the fourth degree. We reversed his conviction based on the trial court’s failure to exclude a witness designated by the state as its representative. State v. Cooper, 120 Or App 490, 852 P2d 948 (1993). On review, the Supreme Court reversed. State v. Cooper, 319 Or 162, 874 P2d 822 (1994). It remanded to this court for consideration of defendant’s other assignment of error.

Defendant argues that the trial court erred in denying his motion for a mistrial.1 To preserve error, a motion for a mistrial must be timely. State v. Walton, 311 Or 223,…