STATE v. JOHNSON (2019)

ORDER

Following a jury trial in the Circuit Court of Cass County, Robert Johnson was convicted of first-degree rape. He appeals, raising three claims of error. First, Johnson argues that the circuit court abused its discretion by failing to grant a mistrial after the prosecutor elicited, or attempted to elicit, testimony that Johnson appeared “paranoid” or “nervous.” Second, he argues that the trial court abused its discretion by failing to grant a mistrial after the prosecutor asked him during cross-examination whether other witnesses were lying. Third, Johnson argues the circuit court plainly erred by failing to declare a mistrial after the prosecutor told the jury during closing argument that certain lesser-included offense instructions had been submitted by the defense. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 30.25(b).

PER CURIAM: