Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ivey v. State

Given the overwhelming evidence of the defendant's guilt, the trial court did not abuse its discretion in refusing to grant a mistrial after a witness testified that police pulled out a crack pipe while searching the defendant's person.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Anthony Ivey guilty of entering an automobile, simple assault, possession of a knife during the commission of a felony, and criminal trespass. Ivey appeals, alleging the trial court erred in denying his motion for mistrial after a state’s witness allegedly put Ivey’s character in issue. We find no reversible error and affirm Ivey’s convictions. Ivey contends that his bad character was placed in issue when the state questioned a witness about his observations of the police search of Ivey at the time of arrest: Q: Did you actually see the police search the defendant A: Yes, I did. Q: And when the police were searching the defendant where was Larry A: Larry was right to my left fromsic him. Q: At some point did Larry leave A: No. Q: Did he ever go back and get his Jeep A: No. Q: Go ahead. A: But anyway, so as the police were searching him they pulled out a crack pipe and — Mr. Grossman: Judge, I have an objection. I have a motion to make outside the presence of the jury. The Court: Show the jury to the jury room, please. Ivey requested a mistrial based on the introduction of this bad character statement regarding the crack pipe. The trial court denied the motion. Later in the proceeding, Ivey renewed his request for a mistrial, and the court again denied mistrial.

A trial judge has broad discretion when ruling on a motion for mistrial, and his ruling will not be disturbed on appeal unless there has been a manifest abuse of discretion and a mistrial is essential to the preservation of the right to a fair trial.1 We find no abuse of discretion in the present case.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
(EXCLUSIVE) IN-HOUSE GENERALIST ATTORNEY WANTED FOR PRIVATELY OWNED CONSTRUCTION SERVICES FIRM (Atlanta, GA)

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›
Agency Attorney

The Office of the Special Commissioner of Investigation for the New York City School District ( SCI ) has broad authority to investigate wro...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements