Supreme Court of Arkansas

Eric Scott Paulson, Appellant v. State of Arkansas, Appellee

October 1, 20152015 Ark. LEXIS 562

Summary

The court affirmed Paulson’s rape conviction and life sentence, holding that the prosecutor’s voir-dire questions about whether an adult’s denial would create reasonable doubt were hypothetical inquiries about juror impartiality, not comments on Paulson’s decision whether to testify. Applying abuse-of-discretion review, the court concluded that the questions neither referred to Paulson nor reasonably compelled him to testify, so denial of a mistrial was not error. Justice Hart dissented, arguing that the questions indirectly referred to Paulson’s failure or refusal to testify and required reversal for a new trial.