Eric Scott Paulson, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting

Summary

The dissent argues that the prosecutor repeatedly violated the defendant’s Fifth Amendment right against self-incrimination by asking jurors whether an accused’s denial of the crime would create reasonable doubt. It contends that the circuit court should have granted a mistrial because the comments directly or indirectly referenced the defendant’s failure or refusal to testify, and that the majority improperly prioritized avoiding a retrial over protecting constitutional rights. The dissent would reverse and remand for a new trial.