Buchanan v. State

Concurring Opinion

Garrard, J.

While I agree generally with the majority analysis, it should be pointed out that prejudice may sometimes be aroused in an unintended fashion. We do not mean to imply that the comments made by the witness in the washroom could not be prejudicial solely because their content favored appellant’s cause. The point is that the court properly and adequately investigated the matter. On the basis of that investigation, he concluded that a mistrial was not necessary. He did not abuse his discretion in making that determination.

Accordingly, I concur.