State v. Nicholson , supra , citing State v. Byrne , 483 So.2d 564 (La.1986), cert. denied , Byrne v. Louisiana, 479 U.S. 871, 107 S.Ct. 243, 93 L.Ed.2d 168 (1986).In State v. Ingram , 29,172, p. 17 (La. App. 2 Cir. 1/24/97), 688 So.2d 657, 667 (citing State v. Joseph , 437 So.2d 280, 283 (La. 1983) ; State v. Williams , 26,655, p. 5 (La. App. 2 Cir. 3/1/95), 651 So.2d 331, 334 ), the appellate court opined that "[a] witness's voluntary, unresponsive testimony which implicates a defendant in other crimes does not require a mistrial, at least where the form of the prosecutor's question does not indicate bad faith."We find the testimony by Ms. Songer was not an irrelevant or immaterial remark or comment, nor was it unresponsive to the State's questioning.
State v. Tribbet, 415 So.2d 182, 184-85 (La. 1982); State v. Henson, 351 So.2d 1169, 1170-71 (La. 1977). See State v. Williams, 26,655, pp. 3-5 (La. App. 2d Cir. 3/1/95), 651 So.2d 331, 333-34, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. We note, as well, that defense counsel did not request an admonition by the trial court.
When a police officer makes such a reference, factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Parker, 27,417 (La.App. 2d Cir. 9/27/95), 661 So.2d 603, writ denied, 95-2576 (La.2/16/96), 667 So.2d 1049; State v. Williams, 26,655 (La.App. 2d Cir. 3/1/95), 651 So.2d 331, writ denied, 95-0777 (La.9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.
He concedes that the court cautioned the state to make no further reference to inappropriate matters, but the prejudice was so great that only a mistrial would cure it. In support he cites State v. Williams, 26,655 (La.App. 2 Cir. 3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. The state responds that it never said why Hall was "in jail"; a rational juror could have inferred it was for the instant offense rather than some other.
Factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.
When a police officer makes such a reference, factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Parker, 27,417 (La.App. 2d Cir.9/27/95), 661 So.2d 603, writ denied, 95-2576 (La. 2/16/96), 667 So.2d 1049; State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant.
Factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.
Factors which may be considered in determining whether a mistrial is warranted are whether the statement was deliberately elicited by the district attorney, whether it was responsive to the question, and whether the witness purposely uttered it to prejudice the defendant. State v. Parker, 27,417 (La.App. 2d Cir.9/27/95), 661 So.2d 603, writ denied, 95-2576 (La. 2/16/96), 667 So.2d 1049; State v. Williams, 26,655 (La.App. 2d Cir.3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448. Generally, ambiguous or obscure references to other crimes made without explanation or elaboration do not prejudice the defendant. State v. Williams, supra; State v. Gene, supra.
State v. Jones, supra. In State v. Williams, 26,655 (La.App. 2d Cir. 3/1/95), 651 So.2d 331, writ denied, 95-0777 (La. 9/15/95), 660 So.2d 448, the prosecutor made a facetious remark while questioning the defendant that might be construed to indicate that the prosecutor thought the defendant was guilty. As an alternate possible response to a question, the prosecutor said to the defendant: "Or could it be that I believe the charges are true also, couldn't it?"
A witness's voluntary, unresponsive testimony which implicates a defendant in other crimes does not require a mistrial, at least where the form of the prosecution's question does not indicate bad faith. State v. Joseph, 437 So.2d 280 (La. 1983); State v. Williams, 26,655 (La.App. 2d Cir. 3/1/95), 651 So.2d 331, writ denied 95-0777 (La. 9/15/95), 660 So.2d 448. Further, "vague, non-pointed statements" do not constitute other crimes evidence.