Supreme Court of Arkansas

Qa'tonious Lee Sirkaneo v. State of Arkansas

October 31, 20192019 Ark. 308

Summary

The court affirmed Sirkaneo’s convictions, holding that a detective’s unsolicited reference during cross-examination to Sirkaneo’s decision not to give a statement after receiving Miranda warnings did not violate the Fifth Amendment. Because Sirkaneo was not testifying and the comment was not used to impeach his testimony, the court found no constitutional error and no basis for a mistrial.