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Gandy v. State

The trial court did not abuse its discretion in failing to declare a mistrial when the defendant's co-indictee testified on redirect that he took a polygraph test, as the comment was unsolicited by the state, the trial court promptly issued a curative instruction, and it was highly improbable the remark influenced the outcome of the case, given the strong weight of the evidence against the defendant.

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The Honorable Supreme Court met pursuant to adjournment. The following order was passed: It appearing that the enclosed opinion decides a second-term appeal, which must be concluded by the end of the September Term on December 16, 2011, it is ordered that a motion for reconsideration, if any, must be received in the Clerk’s Office by 4:30 p.m. on Thursday, December 1, 2011, including any motions submitted via the Court’s electronic filing system.

After a jury trial, Appellant Craig Wayne Gandy was found guilty of felony murder, armed robbery, burglary, and aggravated assault. The trial court entered judgments of conviction on the guilty verdicts and sentenced Appellant to life imprisonment for felony murder, a concurrent 20-year term for burglary, and a concurrent 20-year term for aggravated assault. The armed robbery charge merged into the felony murder conviction. Appellant appeals after the denial of a motion for new trial.

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