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Lanier v. State

The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a police officer's passing statement about defendant's parole officer during cross-examination because a passing reference to a defendant's record does not place the defendant's character in evidence.

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Appellant Raynardo Lanier was convicted of malice murder, armed robbery and aggravated assault in connection with the beating death of David Rigdon. Finding no error in the denial of Lanier’s motion for new trial,1 we affirm. 1. The evidence authorized the jury to find that Lanier and the victim spent time together over Labor Day weekend in 2006. The victim purchased crack cocaine numerous times during this period from dealer Wamikea Mikell, with the final sale occurring on Sunday afternoon. Lanier and the victim indicated that they would come to Jimmy Lee Scott’s house that evening, where Mikell was cooking dinner, but Lanier arrived alone. Lanier asked for a hammer; he left the house for a while, returned with a wallet draped over the top of his sweat pants and asked Mikell for a ride to meet his wife. Along the way, Mikell stopped the car and Lanier got out. After a brief period of time, Lanier got back in the car and the two returned to Scott’s house.

The victim was found lying face down in a pool of blood inside the front door of his residence in the early hours of Tuesday morning and was transported to the hospital. Lanier’s name came up when investigating officers spoke to those at the scene and it was determined that he was in an adjacent apartment. A GBI special agent went to the apartment and talked to Lanier, who consented when the agent asked to look at his clothing that was lying on a couch. Lanier also retrieved a pair of his shoes from the side of the couch and the agent noticed three small blood spatter droplets on one shoe.

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