Charles Wesley Cogburn v. State of Arkansas (Arkansas 1987)

Summary

The court reversed Cogburn's conviction because the trial court improperly admitted videotaped interviews of his daughter under a general hearsay exception rather than complying with the specific statutory procedure for videotaped depositions. It upheld the admission of the daughter's other hearsay statements under Rule 803(25), rejected the ex post facto challenge, and upheld exclusion of the truth-serum evidence. Justice Purtle, concurring in the result, would have held Rule 803(25) unconstitutional because it lacked the required confrontation safeguards.

Holding

Admissibility of the videotaped interviews. The videotaped interviews were inadmissible because the specific statute governing videotaped depositions controlled over the general hearsay exception, and the statutory requirements were not followed.

Admission of the child's other hearsay statements. The trial court sufficiently complied with Rule 803(25) when it admitted the child's statements to her mother and counselor after conducting two pretrial hearings and considering the rule's trustworthiness criteria.

Constitutionality of Rule 803(25) under the Confrontation Clause. Rule 803(25) was constitutional as applied to Cogburn because the child testified at trial and was subject to full and effective cross-examination.

Failure to give the Rule 803(25)(A)(3) jury instruction. The omission of the required jury instruction did not independently require reversal because Cogburn did not request the instruction or object to its omission, but the instruction was required on retrial.

Ex post facto application of Rule 803(25). Applying Rule 803(25) to Cogburn did not violate the prohibition against ex post facto laws.

Admissibility of truth-serum test results. The trial court correctly excluded the proposed testimony concerning the amytal interview because truth-serum test results, like polygraph results, had not achieved sufficient scientific acceptance and reliability for use to prove the truth of the matter asserted.

Charles Wesley Cogburn v. State of Arkansas

Summary

Holding

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