964 SW2D 865 - State v. Duncan

How this case has been cited

Cited by 27 later decisions — most recently October 2015 · most notably Gangwish v. Gangwish (2004), 771 So. 2d 341 - Heigle v. Heigle (2000)

27 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ORDER

PER CURIAM.

¶2A jury found Michael W. Duncan guilty of possession of a controlled substance with the intent to distribute, and sentenced him to fifteen years in prison. Mr. Duncan appeals, claiming that the trial court erred in overruling his motion to suppress evidence obtained pursuant to a pretextual automobile stop, and that the court erred in overruling his motion for a mistrial after a police officer testified that he did not feel that Mr. Duncan had been truthful in his statements to him. This court finds that the court correctly overruled the motion to suppress evidence because Mr. Duncan was lawfully stopped for a traffic violation and the search of his vehicle was a valid inventory search. Additionally, this court finds that the trial court did not err in overruling the motion for mistrial because any potential prejudice from the witness’s testimony was cured by the court’s instruction to disregard the testimony.

¶3The judgment of the trial court is affirmed. Rule 30.25(b).