State of Maine v. Nathan P. Tarbox

[¶ 1] Nathan P. Tarbox appeals from a judgment of conviction entered by the trial court (York County, Douglas, J.) after a jury found him guilty of domestic violence assault (Class C), 17-A M.R.S. §§ 207-A(1)(A), 1252(4-A) (2016), and obstructing the report of a crime or injury (Class D), 17-A M.R.S. § 758(1)(A) (2016). Tarbox contends that the trial court erred by not sua sponte declaring a mistrial when the prosecutor commented on Tarbox’s right not to testify during the State’s rebuttal closing argument. In addition, Tarbox argues that the court erred by denying his motions for a mistrial…