Blankenship v. State

Judge Harold R. Banke.

Marvin Blankenship was acquitted of kidnapping and convicted of simple assault. On appeal, he challenges the denial of his motion for mistrial.

The evidence, when viewed in a light to support the verdict, showed that after Blankenship unexpectedly appeared at his estranged wife’s office, she accompanied him to her apartment so that he could retrieve some of his personal belongings. After Blankenship and his wife became embroiled in an argument, she left to contact police. When Officer Terry Blackmer responded to the scene, the victim warned that Blankenship had been…