STATE v. WHITE

TC 10-83-01183; CA A30237; SC S32313.

736 P.2d 552 (1987)

303 Or. 333

STATE of Oregon, Respondent On Review, v. Terry James WHITE, Petitioner On Review.

Supreme Court of Oregon.

Decided May 5, 1987.

Reconsideration Denied June 12, 1987.


Attorney(s) appearing for the Case

Edward E. Hill, Eugene, argued the cause for petitioner on review. With him on the petitions was Larry O. Gildea, P.C., Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

John Henry Hingson III, Oregon City, filed a brief amicus curiae on behalf of Nat. Ass'n of Criminal Defense Lawyers.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.


LENT, Justice.

The first issue is whether the prosecutor's remarks in opening statement to the jury concerning defendant's refusal to testify in his co-defendant's trial were so prejudicial that a mistrial should have been declared. We hold that the remarks were that prejudicial and that the instruction given by the trial court in an attempt to cure the effect of the remarks was not sufficient to do so.

The second...

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