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Posted by: Landry Butler on Apr 27, 2017

Head Comment: With dissenting opinion by Thomas.

Court: TN Court of Criminal Appeals

Attorneys 1:

Gerald L. Gulley, Jr. (on appeal) and Scott C. Frith (at trial), Knoxville, Tennessee, for the appellant, Ricky Thompson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Charme P. Allen, District Attorney General; Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Ricky Thompson, appeals from his conviction for reckless aggravated assault, arguing that the trial court abused its discretion when it failed to declare a mistrial after a potential juror made highly prejudicial remarks that undermined the authority of the trial proceedings and contaminated the rest of the venire. Additionally, Defendant argues that the trial court abused its discretion when it admitted photographs of surgical procedures performed on the victim. Following our review, we conclude that the trial court properly exercised its discretion in denying the Defendant’s motion for a mistrial. Additionally, we conclude that the surgical photographs were improperly admitted into evidence but find the error to be harmless. Accordingly, the judgment of the trial court is affirmed.