Supreme Court of Arkansas

Edmond McClinton, Appellant v. State of Arkansas, Appellee

May 28, 20152015 Ark. LEXIS 388

Summary

The court affirmed McClinton’s rape conviction and life sentence, holding that the circuit court did not abuse its discretion by denying a mistrial after a prospective juror mentioned McClinton’s childhood disciplinary problems during jury selection. The response was not deliberately elicited, was equivocal when heard by the jury pool, and the more prejudicial details were disclosed only outside the pool’s hearing; McClinton also failed to request a curative admonition. Justice Danielson, concurring, agreed with the merits and disposition but would have separately rejected the State’s waiver argument based on its reliance on Edens.