State v. Crim
| Citation | 489 S.E.2d 478,327 S.C. 254 |
| Decision Date | 17 June 1997 |
| Docket Number | No. 24675,24675 |
| Parties | The STATE, Respondent, v. Alfred CRIM, Appellant. . Heard |
| Court | United States State Supreme Court of South Carolina |
Assistant Appellate Defender Lesley M. Coggiola, of S.C. Office of Appellate Defense, for appellant.
Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General G. Robert Deloach, III, and Solicitor Warren B. Giese, Columbia, for respondent.
Appellant was convicted of felony driving under the influence (DUI) and driving under suspension (DUS), second offense. The trial judge denied appellant's motions for a mistrial. We affirm.
Appellant stole a car parked at a restaurant. Approximately two miles from where the car was stolen, appellant crossed the center lane and struck a car driven by Ray Elizabeth Roberts, the sixty-one-year-old victim. Along with the felony DUI and DUS charges, appellant was indicted for larceny for stealing the car.
The State sought to introduce evidence concerning the larceny of the car to establish "a full presentation of the crime." Appellant objected. The trial judge stated he was inclined to rule the evidence of the larceny was inadmissible. However, he stated that he would finally decide once he heard all of the testimony. In the meantime, it was agreed that the solicitor would not refer to the larceny or the fact that the car was taken without permission. During opening arguments, the solicitor made references to appellant taking the car without permission. Appellant objected and moved for a mistrial. The trial judge denied appellant's mistrial motion.
During the trial, the son of the car's owner testified he had driven the car to a restaurant by himself and when he exited the restaurant, he saw someone drive off in his parent's car. Appellant did not object to this testimony. Later, Cynthia Nelson, the owner of the car, testified her son had driven her car to a restaurant to pick up dinner. The solicitor questioned the woman about the condition of the car when her son left for the restaurant. Appellant objected. The trial judge sustained the objection. Appellant then moved for a mistrial on the ground the State had implied that appellant had stolen the car. The trial judge denied the mistrial motion because he stated he had sustained the objection and had asked the jury to disregard ownership of the car.
Darlene Bagwell then testified that she took pictures of the car after the accident. While testifying she identified Cynthia Nelson in a picture and stated Nelson was the owner of the car. Appellant objected and moved to strike. The trial judge sustained the objection and ordered the answer stricken. Appellant did not move for a mistrial after the trial judge struck this testimony.
Did the trial judge err in denying appellant's motions for a mistrial?
Appellant contends the trial judge erred in denying his motions for a mistrial. We disagree.
It is well-settled that the decision to grant or deny a mistrial is within the sound discretion of the trial judge. State v. Dawkins, 297 S.C. 386, 377 S.E.2d 298 (1989). The power of the court to declare a mistrial ought to be used with the greatest caution and for plain and obvious causes stated into the record by the judge. Id. A mistrial should not be ordered in every case where incompetent evidence is received and later stricken out. State v. Simpson, 325 S.C. 37, 479 S.E.2d 57 (1996).
An instruction to disregard objectionable evidence usually is deemed to have cured the error in its admission unless on the facts of the particular case it is probable that notwithstanding such instruction the accused was prejudiced. State v. Craig, 267 S.C. 262, 227 S.E.2d 306 (1976); State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 (1972). The State attempted to...
To continue reading
Request your trial
-
State v. Kelsey
...is within the sound discretion of the trial judge and will not be overturned on appeal absent an abuse of discretion. State v. Crim, 327 S.C. 254, 489 S.E.2d 478 (1997); State v. Dawkins, 297 S.C. 386, 377 S.E.2d 298 (1989). The power of the court to declare a mistrial ought to be used with......
-
State v. White
...the trial judge and will not be overturned on appeal absent an abuse of discretion amounting to an error of law. State v. Crim, 327 S.C. 254, 257, 489 S.E.2d 478, 479 (1997); State v. Patterson, 337 S.C. 215, 226, 522 S.E.2d 845, 851 (Ct.App.1999). Our courts favor the exercise of wide disc......
-
State v. Beckham
...is within the sound discretion of the trial judge and will not be overturned on appeal absent an abuse of discretion. State v. Crim, 327 S.C. 254, 489 S.E.2d 478 (1997); State v. Dawkins, 297 S.C. 386, 377 S.E.2d 298 (1989). The granting of a motion for a mistrial is an extreme measure whic......
-
Earley v. State
...caution and for plain and obvious causes." State v. Johnson , 334 S.C. 78, 89, 512 S.E.2d 795, 801 (1999) (citing State v. Crim, 327 S.C. 254, 257, 489 S.E.2d 478, 479 (1997) ). "The granting of [a] motion for a mistrial is an extreme measure which should be taken only where an incident is ......