McClinton v. State (Majority, with Concurring)
Annotate this CaseAfter a jury trial, Appellant was convicted of raping a mentally handicapped sixteen-year-old girl. The circuit court sentenced Appellant as a habitual offender to life imprisonment. Appellant appealed, arguing that he was denied a fair trial because the circuit court refused to grant a mistrial based upon a comment made by a prospective juror during jury selection because the comment tainted the jury pool with impermissible character evidence. The Supreme Court affirmed, holding that Appellant was not entitled to a new trial where the prospective juror’s comment did not rise to the level of prejudicial error so severe that a new trial was needed and where Appellant failed to request a curative instruction.
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