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Smith v. State

The trial court erred in denying the defendant's motion for a mistrial after the state introduced evidence of an independent act placing his character at issue without complying with Uniform Superior Court Rule 31.3.

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A Chatham County jury convicted Michael G. Smith of kidnapping, aggravated assault, and burglary. On appeal, Smith claims that the trial court erred in denying his motion for a mistrial after the State, without complying with Uniform Superior Court Rule 31.3, introduced evidence of an independent act placing his character into issue. We agree. Viewed in the light most favorable to the jury’s verdict, the evidence shows that Eric Peden met Rodney Milledge through work. Peden and Milledge socialized and Milledge went to Peden’s apartment two or three times. They discussed the possibility of Milledge moving in with Peden.

On October 8, 2005, at approximately 11:30 p. m. to 11:45 p.m., Peden heard a knock at the door. Peden looked through the peephole and did not recognize the man outside. After Peden opened the door, the man put a gun to Peden’s forehead and backed him up inside the apartment. Two other men came in behind the gunman. The men asked Peden, “where’s Rod” and “where’s the dope”

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