Murphy v. State

HUNSTEIN, Chief Justice.

Appellant Timothy Murphy was convicted of malice murder, felony murder, and cruelty to children arising out the death of 15-month-old Tytanna Jackson on September 19, 1998.1 Murphy appeals the denial of his motion for new trial alleging that the trial court committed plain error by making a number of improper statements during the course of the trial and by failing to sever his trial from that of his co-defendant. Because the trial court’s favorable comments regarding one of the State’s witnesses could have been construed by the jury as bolstering that witness’…