McClinton v. State
2015 Ark. 245
| Ark. | 2015Background
- Edmond McClinton was convicted of raping a mentally handicapped 16-year-old and sentenced to life as a habitual offender under Arkansas law.
- During voir dire, a prospective juror said he attended sixth grade with McClinton and had a "preconceived notion" about McClinton’s behavior.
- The court questioned that juror at sidebar; the juror stated McClinton "had a disciplinary problem" and was a "constant disruption."
- McClinton moved for a mistrial, arguing the remark injected impermissible character evidence and tainted the jury pool; the court denied the motion and the juror was not seated.
- McClinton did not request a curative instruction or admonition from the court at trial and now appeals the denial of the mistrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a mistrial after a prospective juror stated he had a preconceived notion of McClinton’s past behavior | McClinton: juror’s statement injected impermissible, prejudicial character evidence into the jury pool and warranted a mistrial | State: the judge’s question did not intend to elicit prejudicial info; the juror’s initial response was equivocal and the prejudicial portion was revealed at sidebar; curative measures were available | Denial affirmed: no abuse of discretion — statement was not plainly prejudicial to the seated jurors and could have been cured; juror ultimately not seated |
Key Cases Cited
- Moore v. State, 355 Ark. 657 (court defers to trial judge on mistrial abuse-of-discretion analysis)
- Brown v. State, 347 Ark. 308 (mistrial appropriate only when error is beyond repair)
- Venable v. State, 260 Ark. 201 (trial judge best situated to evaluate impact of errors)
- Hall v. State, 314 Ark. 402 (standard for reversal of mistrial denial)
- Jones v. State, 349 Ark. 331 (affirmed denial where question did not deliberately solicit defendant’s criminal history)
- McFarland v. State, 284 Ark. 533 (chance remarks revealing other crimes do not always require mistrial)
- Novak v. State, 287 Ark. 271 (similar voir dire disclosure upheld without mistrial)
- Hogan v. State, 281 Ark. 250 (prior arrest record disclosure during voir dire upheld)
- Hill v. State, 275 Ark. 71 (prior imprisonment reference during voir dire did not mandate mistrial)
- Edens v. State, 235 Ark. 996 (cited in concurrence concerning waiver argument)