Green v. State (Majority)Annotate this Case
Appellant was convicted of four counts of capital murder and one count of kidnapping. On appeal, Appellant contended (1) the State's use of inconsistent prosecutorial theories in his trial and in the separate trial of a co-defendant denied him due process of law; and (2) because the police failed to inform him that he was under no legal obligation to comply with their request to speak with them, Ark. R. Crim. P. 2.3 was violated and any subsequent statements to police should have been suppressed. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Appellant's motion to prohibit the prosecution from arguing contradictory theories of the case; and (2) the circuit court's denial of Appellant's motion to suppress his statements was not clearly against the preponderance of the evidence.