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Taylor v. State, 03-14-00173-CR (Tex.App. Dist.3 10/14/2015)

The appellant argues, inter alia, that the district court abused its discretion by failing to grant his request for a mistrial after testimony regarding the fact that he took a polygraph was presented to the jury. A police officer made the statement regarding the polygraph after being asked whether he attempted to reschedule the interview with the defendant, and nothing in the remainder of the record indicates that the state anticipated that the officer would mention the defendant's desire to take a polygraph test in his response. The analysis set forth in Cade is applied: the evidence of guilt was substantial, the officer's reference to the polygraph was brief and did not disclose any results of the polygraph, nothing in the record indicates that the state was trying to elicit the polygraph information, and the state made no mention of the polygraph for the remainder of the trial. The district court did not err by refusing to grant a mistrial. The district court's judgment is affirmed. Taylor v. State, Austin Court of Appeals, No. 03-14-00173-CR, 10/14/2015.

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FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT NO. 38660, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING

Before Justices Puryear, Pemberton, and Bourland

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