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Glenn v. State

Court of Appeals of Arkansas, Division III

November 12, 2014

DERRICK DEMOND GLENN, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE BRADLEY COUNTY CIRCUIT COURT. No. CR-2013-16-4. HONORABLE DON GLOVER, JUDGE.

Potts Law Office, by: Gary W. Potts, for appellant.

Dustin McDaniel, Att'y Gen., by: LeaAnn J. Adams, Ass't Att'y Gen., for appellee.

LARRY D. VAUGHT, Judge. GLOVER and WOOD, JJ., agree.

OPINION

Page 229

LARRY D. VAUGHT, Judge

Appellant Derrick Glenn was convicted by a Bradley County jury of theft of property, a Class A misdemeanor, and sentenced to pay $950 in restitution along with court costs and fees.[1] For his sole point of appeal, he contends that the trial court abused its discretion by denying his motion for a mistrial, which he made during voir dire in response to a prospective juror's question in open court. We affirm.

During voir dire, the trial court asked the panel if anyone had heard or read about the case. One of the prospective jurors, Robert Loflin, asked, " Is this the mistrial?" Out of the hearing of the rest of the jury panel, a bench conference was held, and the following exchange occurred:

The Court: [W]hat did you hear about it?
Loflin: It was in the paper . . . . Just read it in the paper, two mistrials . . . . This is one of them. I don't know anybody involved.
The Court: Sure. Based on what you read in the newspaper, would that have a bearing upon you one way or the other?
Loflin: Not really. There wasn't much in the paper.
. . . .
Prosecutor: What exactly do you remember about ...

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