Mable v. State

I respectfully dissent. The illegal nature of Detective-Sergeant Mansfield’s testimony, as recited in the majority opinion, is not in issue here since even the State has admitted that the introduction of the challenged testimony was error of constitutional dimension. The issue here, rather, is whether appellant’s motion to strike Mansfield’s testimony constituted a proper method of objecting to this illegal evidence. The majority holds that appellant’s motion to strike was not proper, concluding that when a defendant fails to object to challenged evidence at the moment it is introduced, the…