State v. Wasyluk

Defendant appeals a judgment convicting him of two counts of strangulation constituting domestic violence, ORS 163.187. He argues that the trial court abused its discretion when it decided to give the jury cautionary instructions, rather than grant defendant’s motion for a mistrial, after the prosecutor repeatedly used the phrases, “I think” and “I believe” when arguing the case to the jury. We conclude that the trial court did not abuse its discretion in denying the motion for mistrial and, accordingly, affirm.1 We write primarily to point out the trial court’s careful and attentive response…