Perry v. State (Majority)
Annotate this CaseAfter a jury trial, Appellant was found guilty of capital murder and aggravated robbery and sentenced to life imprisonment without parole for the capital murder conviction. The Supreme Court affirmed the convictions and sentences, holding that the circuit court did not err in (1) denying Appellant’s motion for mistrial on the grounds that Appellant’s lawyer was improperly placed in the position of serving as a witness; (2) denying Appellant’s motion for mistrial on the grounds that the circuit court was placed in a position of judging the credibility of a witness; (3) denying Appellant’s motion for mistrial following testimony that Appellant smoked marijuana; (4) admitting statements of a co-conspirator; and (5) denying Appellant’s motion for new trial on the grounds that a key witness changed his account to positively identify Appellant as one of the participants in the robbery.
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