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

Summary

The court affirmed Johnson's sentences after concluding that his challenge to sentencing-phase character evidence was not preserved because he failed to object contemporaneously after the circuit court declined to make a definitive pretrial ruling. It also held that the prosecutor's closing-argument remark about the absence of remorse referred to the evidence and testimony presented, rather than Johnson's failure to testify, so the circuit court did not abuse its discretion in denying a mistrial. Justice Hart, concurring, agreed with the result but analyzed more specifically why the remorse comment would not naturally be understood as referring to Johnson's silence.