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Sloan v. State

The trial court did not abuse its discretion in denying the defendant's mistrial motion after one of the victim's children stated on re-direct that the prosecutor told her to never talk about defendant in jail, as the trial court acted immediately, ruled out the offensive testimony, and properly instructed the jury not to consider it.

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In May 2000, a jury convicted Carl Levert Sloan of aggravated battery, aggravated assault, battery, three counts of cruelty to children, and four counts of false imprisonment, and the trial court sentenced him as a recidivist to 84 years in confinement. His trial counsel moved for a new trial in June 2000, but despite Sloan’s repeated attempts to gain a ruling, the motion was not denied until more than a decade later, in May 2011. As our Supreme Court recently noted,

We do not condone this inordinate delay in the motion for new trial proceedings. . . . These delays put at risk the rights of defendants and crime victims and the validity of convictions obtained after a full trial. We therefore reiterate that it is the duty of all those involved in the criminal justice system, including trial courts and prosecutors as well as defense counsel and defendants, to ensure that the appropriate post-conviction motions are filed, litigated, and decided without unnecessary delay.

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