State v. Mitchell (PFR)

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State v. Mitchell (PFR)

Case Number
S-15-0086
Call Date
August 31, 2016
Court Number
Lancaster
Case Summary

S-15-0086 State v. Travis T. Mitchell (Appellant)

Lancaster County, Judge John Colborn

Attorneys: Nathan J. Sohriakoff (Public Defender's Office) (Appellant) --- Melissa R. Vincent (Attorney General's Office)

Criminal: DUI, Refusal to submit to a chemical test, 4th offense, driving during revocation

Proceedings below: The court accepted the jury's verdict and found appellant guilty of the crimes. He was sentenced five to 10 years in prison for DUI/refusal with 1-2 years imprisonment for driving during revocation. His license was also revoked 15 years. The Court of Appeals affirmed. See State v. Mitchell, 23 Neb. App. 657 (2016). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Nebraska Court of Appeals erred by failing to find the district court should have declared a mistrial when the State violated due process and the Nebraska and U.S. Constitutions by inappropriately commenting on the Appellant's pre-trial silence.