State v. Macon

GEER, Judge.

Defendant Madisa Benea Macon appeals from her conviction of driving while impaired (“DWI”). Following the declaration of a mistrial when the jury could not reach a verdict on the DWI charge, defendant was retried. During the retrial, the trial judge instructed the jury that it could consider her refusal to take a breath test as evidence of her guilt even though, during defendant’s first trial, a different trial judge had ruled that the instruction was not supported by the evidence. Although defendant argues that the second trial judge was bound by the first judge’s legal ruling…