Bryant v. State

I respectfully dissent because I conclude that it was an abuse of discretion for the trial court not to grant a mistrial.

The defendant was convicted, after jury trial, of vehicular homicide. According to three eyewitnesses, the defendant was traveling north, came across a double yellow line into the left lane of traffic, then swung off the road to avoid a head-on collision with a southbound truck occupied by two of the eyewitnesses. In doing so, the defendant struck several children on the sidewalk, including a young boy who died from his injuries. It appeared that the defendant was…