State v. Clark

Defendant appeals a conviction for possession of a controlled substance, former ORS 475.992(4)(b) (2003). She assigns error to the trial court’s denial of her motion for a mistrial. She contends that, in closing arguments, the prosecutor improperly commented on her right to remain silent following her arrest and at trial by telling the jury that there was no testimony that defendant had claimed that the controlled substances at issue were not hers. We conclude that it was unlikely that the jury understood the prosecutor’s comment as a reference to the fact that defendant did not testify at…