Legal Opinion · Concurrence

Bonner v. State

Court of Criminal Appeals of Alabama

Decided June 24, 2005No. CR-03-2142Published

1Concurrence

I disagree with the majority's conclusions that the appellant preserved his argument for appellate review and that the prosecutor's use of the pantyhose as a visual aid was error. Nevertheless, for reasons set forth herein, I would affirm the appellant's conviction. Therefore, I respectfully concur in the result.

First, the appellant did not preserve his argument for appellate review because he did not timely move for a mistrial. Rather, he waited to make his motion for a mistrial until after the prosecutor, in open court, removed the pantyhose from the package, unrolled the material, and put…

2Cases cited5 opinions

  1. Ex Parte LogginsSupreme Court of Alabama · 2000
  2. Laney v. StateSupreme Court of Georgia · 1999
  3. People v. DowdsAppellate Court of Illinois · 1993
  4. Commonwealth v. TwilleySuperior Court of Pennsylvania · 1992
  5. Commonwealth v. NolMassachusetts Appeals Court · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API