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Coleman v. State

The prejudicial effect of a statement implicating the defendants' character could not be corrected by a curative instruction because evidence against the defendants was not overwhelming.

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A jury found Brent Coleman and his wife Jennifer Ann Coleman guilty of cruelty to children in the first degree. Following the denial of their motions for new trial, the Colemans appeal, citing several claims of error. Because the trial court erred in denying the Colemans’ motion for a mistrial, we reverse. On appeal, the Colemans complain of the same errors: the trial court erred in 1 allowing evidence of their marijuana purchase and use, 2 denying their motion for mistrial following testimony that their son D. C. was in foster care, and 3 denying their motion for a directed verdict at the close of the State’s case. We address each of these claims of error in turn.

1. The Colemans contend that the trial court erred in denying their motions for a directed verdict. “The standard of review for denial of a motion for directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction.” Citation and footnotes omitted. Gore v. State , 277 Ga. App. 635, 640 4 627 SE2d 198 2006. Therefore, we construe the evidence in favor of the jury’s verdict and determine whether a rational trier of fact could have found the Colemans guilty beyond a reasonable doubt of the crimes of which they were convicted. Id.

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