Glover v. EIGHTH JUD. DIST. COURT OF STATE

I respectfully dissent because I disagree with the majority’s conclusions that defense counsel acted improperly and that there was a manifest necessity for a mistrial. I therefore would grant the petition.

The negative inference

The majority concludes, without citation to authority, that it is improper to argue a negative inference from the assertion of a proper hearsay objection. To the contrary, it is my view that this case presents the exact situation for which the negative inference is intended.

A videotaped interview of a defendant shortly after a shooting is the type of evidence that one…