DocketNumber： 2005-UP-635
Filed Date： 12/15/2005
Status： Non-Precedential
Modified Date： 10/11/2024
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Michael Cunningham, Appellant.
Appeal From Lancaster County
Paul M. Burch, Circuit Court Judge
Unpublished Opinion No. 2005-UP-635
Heard December 7, 2005 Filed December 15, 2005
AFFIRMED
Acting Chief Attorney Joseph L. Savitz, III, Office of Appellate Defense, of Columbia, for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, Office of the Attorney General, all of Columbia; and Solicitor John R. Justice, of Chester, for Respondent.
PER CURIAM: Michael Cunningham was convicted of first-degree burglary and sentenced to life imprisonment. Cunningham appeals, contending the trial court erred in refusing to grant a mistrial after a police officer volunteered allegedly inadmissible material in response to cross-examination by defense counsel. Although we find the officers comments clearly improper, we find the error harmless. We affirm.
1. We disagree with the trial courts ruling to the extent that it could be viewed as condoning the polices officers remark on cross-examination. Cunningham did not present a case, and never put his character at issue so as to open the door for purposes of Rule 404(a)(1), SCRE. Furthermore, we find the officers gratuitous statement not responsive to the question, which called for only a yes or no answer.
2. Due to the overwhelming evidence of guilt in this case, however, we do not find reversible error in the trial courts denial of Cunninghams motion for a mistrial pursuant to the following authorities: State v. Stanley, 365 S.C. 24, 33-34, 615 S.E.2d 455, 460 (Ct. App. 2005) (holding that a grant of a mistrial is a drastic action that should be exercised only when no other curative action could remove the prejudice claimed); State v. Davis, 364 S.C. 364, 409, 613 S.E.2d 760, 784 (Ct. App. 2005) (Error is harmless where it could not reasonably have affected the result of the trial.).
AFFIRMED.
STILWELL, KITTREDGE, and WILLIAMS, JJ., concur.