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09/29/89 ROBERT EUGENE GARNETT v. STATE

September 29, 1989

ROBERT EUGENE GARNETT, JR.
v.
STATE



Appeal from Russell Circuit Court, Paul Jack Miller, Jr., Judge.

Certiorari denied January 19, 1990

All Judges concur.

The opinion of the court was delivered by: Bowen

BOWEN, JUDGE

Robert Eugene Garnett, Jr., was convicted of the murder of Joseph Allen Hutchins and sentenced to imprisonment for a term of 45 years. Two issues are raised on this appeal from that conviction.

I

There was no error in the denial of Garnett's motion for mistrial. This motion was made during redirect examination of Garnett's ex-wife, Deborah Lynn Faire, who testified as a prosecution witness.

Garnett and Ms. Faire were married at the time of the murder, but had been separated for a little over two weeks. During cross-examination of Ms. Faire, defense counsel asked a number of questions implying that Ms. Faire had become romantically involved with the victim prior to her separation from Garnett. During redirect examination, the following occurred:

"Q. When you separated from the defendant on the 29th of May, did that have anything to do with Joey Hutchins [the victim]?

"A. No, sir.

"Q. What did it have to do with?

"A. Him, we didn't get along.

"Q. Had you ever separated from ...


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