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Culliver v. State

The trial court had discretion under an approved local policy to move the defendant's speedy trial demand case to the top of the trial calendar.

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Eric Culliver was convicted of enticing a child for indecent purposes1 and of child molestation.2 He enumerates three errors: a the case was called “out of order” and placed at the first of the trial calendar; b the judge who tried the case was not originally assigned the case; and c the court did not declare a mistrial when a witness gave testimony that had been ordered excluded. Since the case was called and a new judge assigned in compliance with a plan approved by the judges in the local circuit, the first two enumerations fail. And since the testimony in question was not unduly prejudicial, the trial court did not abuse its discretion in refusing to declare a mistrial. We affirm.

Construed in favor of the verdicts, the evidence showed that while at a mall Culliver approached two young girls a twelve-year-old and a thirteen-year-old and asked if they would play arcade games with his four-year-old son. They consented, but when the foursome met at the arcade center in the mall, Culliver requested that the thirteen-year-old play a racing game with his son while the twelve-year-old show him how to play a video game in the back corner of the center. Once in the back corner, he insisted that the twelve-year-old stand in front of the video game instead of to the side where her controls were, and he then stood behind her with his arms around her as she and he played the game. He rubbed his erect private part against her back during the game.

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