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

Summary

The court affirmed Paulson’s rape conviction and life sentence, holding that the prosecutor’s hypothetical questions during voir dire did not impermissibly comment on Paulson’s failure or potential failure to testify. Because the questions did not identify Paulson or refer to his testimony, and because they were directed at determining whether jurors would credit a child’s allegations over an adult’s denial, the trial court did not abuse its discretion in denying a mistrial. Justice Hart, dissenting, would have reversed and remanded for a new trial because the questions indirectly referred to Paulson’s right not to testify and violated the Fifth Amendment.