NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
No. CACR 07676
STATE OF ARKANSAS,
Opinion Delivered FEBRUARY 13, 2008
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
HON. BARRY SIMS, JUDGE,
JOHN MAUZY PITTMAN, Chief Judge
The appellant was charged with firstdegree murder. After a jury trial, he was found
guilty of seconddegree murder and sentenced to thirty years’ imprisonment. On appeal, he
argues that the trial court erred in denying his motion for a mistrial. We affirm.
Mistrial is a drastic recourse and should be ordered only when the fundamental
fairness of the trial itself has been manifestly affected; a mistrial is to be granted only where
any possible prejudice cannot be removed by an admonition to the jury. Furlough v. State,
314 Ark. 146, 861 S.W.2d 297 (1993). There is no such prejudice in this case.
Appellant asserts that a witness testified that appellant admitted shooting the victim,
and that his motion for a mistrial on this ground was improperly denied. We do not agree.
First, despite appellant’s assertions to the contrary, it is far from clear that the witness did
in fact testify that appellant admitted the shooting. The witness in question, Ms. Alexis Sills,
was called by the State and was declared to be a hostile witness by the trial judge. The
following colloquy then ensued:
ALEXIS SILLS: I did see nobody with a gun. . . . I’m telling the truth. I’m
not fixing to make up nothing.
PROSECUTING ATTORNEY: Did you not say at one point . . .
ALEXIS SILLS: Oh, man.
PROSECUTING ATTORNEY: . . . that when you told the police that you
were inside during the shooting, just like you testified here today, that that was
a lie? That you were actually out there and saw [appellant] shooting at the
ALEXIS SILLS: Man, I’m telling the truth, the whole truth, and nothing but
. . . .
PROSECUTING ATTORNEY: Who is this?
ALEXIS SILLS: I d