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STATE v. KIMSEY

Z610761, Z610762; A107702 (Control), A107707

47 P.3d 916 (2002)

182 Or. App. 193

STATE of Oregon, Appellant, v. Curtis Neil KIMSEY, Respondent.

Court of Appeals of Oregon.

Decided June 12, 2002.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robert G. Thuemmel, Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

The state charged defendant with driving under the influence of intoxicants, ORS 816.010, reckless driving, ORS 811.170, and failure to perform the duties of a driver, ORS 811.700, arising from an automobile accident. Defendant's first trial ended in a mistrial after the prosecutor asked the state's witnesses questions that invited comment on defendant's right to remain silent. Upon discharging the jury, the trial court obtained the jurors' impressions...

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