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Bodyv.State

CourtCourt of Appeals of Georgia
Docket No.A23A0395
DecidedApril 28, 2023
Reporter367 Ga. App. 506; 887 S.E.2d 356; 2023 Ga. App. LEXIS 179; 2023 WL 3140295
JudgesMCFADDEN, Presiding Judge. Brown and Markle, JJ., concur.
Tags
CriminalRobbery by IntimidationMistrialCharacter EvidenceWitness TestimonyAppellate ReviewAbuse of Discretion
Case Summary

After a fight with Jamil Stevens, Jamal Body was convicted of robbery by intimidation but acquitted of theft of Stevens’s car. Stevens said Body took his phone while he tried to call 911 and later took his wallet; the evidence about the wallet was disputed, and Stevens recovered the necklaces Body allegedly grabbed. At trial, a police investigator said Stevens’s friend David Jennings seemed afraid of Body, despite limits on that testimony. The court denied two mistrial motions, gave a curative instruction after the first remark, and gave no further instruction after later testimony that Jennings did not want to be seen meeting police. The Court of Appeals of Georgia affirmed. It assumed the testimony could place Body’s character in issue but found no abuse of discretion in denying a mistrial: the first remark was nonresponsive and isolated, Body approved the curative instruction and sought no additional relief, and the later remarks did not specifically implicate him. The court also concluded that Jennings’s fear had little bearing on whether Body took property, while the evidence strongly showed Body fought Stevens. Given the limited prejudice and the trial court’s corrective actions, a mistrial was not essential to a fair trial.

Opinion

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