Mark David Johnson, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed Johnson’s sentences after his guilty plea and jury sentencing. It held that his challenge to sentencing-phase evidence was not preserved because he failed to object contemporaneously after the circuit court declined to rule definitively on his pretrial motion. It further held that the prosecutor’s closing-argument remarks about the absence of remorse were not an improper comment on Johnson’s decision not to testify and therefore did not warrant a mistrial. Justice Hart, joined by Justice Baker, concurred while emphasizing the constitutional limits on commenting on a defendant’s silence and explaining why the remark was nevertheless permissible here.