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.