Burks v. State

I agree with Justice Wills’s conclusion in her dissent that this case must be reversed and remanded because Mickles’s testimony should have been excluded as illegally obtained evidence. I also agree that admission of the evidence was not harmless error. There is no question that Mickles’s testimony was illegally obtained. The law on the issue is clear. It is elemental criminal law that once a legal sentence has been put into execution, the circuit court loses jurisdiction to modify that sentence. Green v. State, 2009 Ark. 113, at 7, 313 S.W.3d 521, 526; Emerson v. Boyles, 170 Ark. 621,…