Rhys Franklin v. State of Arkansas

Summary

The court affirmed Franklin’s convictions for driving while intoxicated and refusing to submit to a chemical test, holding that the circuit court did not abuse its discretion by denying two mistrial motions. The first mistrial motion was barred by invited error because defense questioning opened the door to the officer’s response, while the second involved at most harmless error because the witness mentioned that a portable breath test was administered without disclosing its result. The court also held that any prejudice could have been addressed by a curative instruction that the defense declined.