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Favors v. State

The defendant waived any error with regard to the denial of his motion for a mistrial, since he failed to renew his objection following the trial court's curative instruction in response to the introduction of improper character evidence.

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Following a jury trial, Cedric Favors was convicted of the rape and incest of his biological daughter. He argues on appeal that the trial court erred in denying his motion for mistrial following improper character testimony given by a prosecution witness. Because Favors’s claim was not preserved for appellate review, we affirm. The evidence presented during the trial showed that, while on a walk with his then 16-year-old daughter, Favors detoured into a graveyard and forced her to have sexual intercourse with him.

During the state’s case in chief, a prosecution witness gave a non-responsive answer to the prosecutor’s questioning that amounted to improper character evidence regarding a previous incident involving Favors. Favors made a timely motion for mistrial. Although the trial court denied Favors’s motion, it gave a curative instruction in which it ordered the jurors to disregard the testimony and confirmed that the jurors would be able to follow the instruction. Favors did not renew his motion for mistrial following the curative instruction.

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