State v. Rinehart

I write to emphasize why appellate courts are "especially wary" of claims that a trial court erred in not declaring a mistrial sua sponte in a criminal case. State v. Tilley , 104 S.W.3d 814, 819 (Mo. App. 2003). Otherwise defendants could stand mute when unfavorable incidents occur at trial, gamble on the verdict, then obtain a new trial if they lose. Id . This would put trial courts in an untenable position and contravene the principle that appellate courts will not reverse on issues not first put before the trial court. Id . at 819-20. See also State v. Reed , 498 S.W.3d 820, 827 (Mo. App.…