Supreme Court of Arkansas
Myka Talley v. State of Arkansas
September 30, 20102010 Ark. LEXIS 453
Summary
The court affirmed Talley’s convictions and consecutive life sentences, holding that police did not violate his Fifth Amendment rights by requesting and obtaining a DNA sample after he invoked his rights because the request was not interrogation and the sample was physical, non-testimonial evidence. The court also upheld the finding that Talley’s consent was voluntary and concluded that the victim’s statements to police qualified as excited utterances. The court declined to address inevitable discovery as an alternative basis for admitting the DNA evidence.