Groves cites no case where an appellate court overturned a trial court for allowing the word "victim" to be used during trial. Groves cites Taconi v. State, 912 So.2d 154, 156-57 (¶¶11-16) (Miss. Ct. App. 2005), for the premise that using "victim" rather than "alleged victim" can arguably interfere with a defendant's presumption of innocence. However, this Court in Taconi found the defendant's arguments were without merit because the trial judge admonished the jury on the issue.
Whether or not the statement made by Miller was hearsay, Morris made no hearsay objection to Miller's testimony and is now procedurally barred for failure to object. Taconi v. State, 912 So.2d 154, 157 (Miss.Ct.App. 2005). Our only option on appeal is to find that the admission of the statement warrants reversal under the plain error doctrine.
" ¶ 28. While this Court has not reviewed the issue of a witness referring to an accuser as "the victim," we find the reasoning of the Court of Appeals in Taconi v. State, 912 So.2d 154, 156-57 (Miss.Ct.App. 2005), to be sound, and accordingly adopt the holding. In Taconi the Court of Appeals held that it was not reversible error for a prosecutor to refer to the accuser as the "victim," despite the trial court previously having granted a motion in limine on those grounds.
It is now well settled that when anything transpires during the trial that would tend to prejudice the rights of defendant, he cannot wait and take his chances with the jury on a favorable verdict and then obtain a reversal of the cause in this Court because of such error, but he must ask the trial court for a mistrial upon the happening of such occurrence when the same is of such nature as would entitle him to a mistrial.Taconi v. State, 912 So.2d 154, 157 (¶ 18) (Miss.Ct.App. 2005) (emphasis added). ¶ 27. Whether or not the statement made by Miller was hearsay, Morris made no hearsay objection to Miller's testimony and is now procedurally barred for failure to object.