Harrison v. State, 371 Ark. 652

Summary

The Arkansas Supreme Court affirmed Kenneth Harrison's capital-murder conviction and life-without-parole sentence. The court held that the circuit court did not abuse its discretion by denying a mistrial based on alleged juror misconduct or by denying a new-trial motion concerning the alleged nondisclosure of a witness's juvenile capital-murder conviction. The court found no resulting prejudice and declined to address an unsupported due-process argument concerning the absence of a hearing.

Holdings

1. The circuit court did not abuse its discretion by denying Harrison's motion for mistrial because the juror's statements did not establish prejudice, and the two jurors who heard them affirmed that they could remain impartial.
2. The circuit court did not manifestly abuse its discretion by denying the motion for new trial because Harrison failed to demonstrate prejudice from the alleged nondisclosure.
3. The court declined to reach the merits of Harrison's due-process argument because he cited no legal authority or convincing argument supporting it.

Questions Presented

1. Whether the circuit court abused its discretion by denying a mistrial based on alleged juror misconduct and extraneous information communicated by one juror to two other jurors.
2. Whether the circuit court manifestly abused its discretion by denying a new-trial motion based on the alleged nondisclosure of a witness's prior juvenile capital-murder conviction.
3. Whether the circuit court's failure to hold a hearing on the new-trial motion violated Harrison's federal and state due-process rights.

Disposition

affirmed