Supreme Court of Arkansas

Billy Wayne Stewart v. State of Arkansas

September 27, 20122012 Ark. LEXIS 384

Summary

The court affirmed the rape conviction because the defendant failed to preserve his challenge to the exclusion of evidence concerning the victim's prior sexual conduct. The argument presented on appeal differed from the theory asserted below, and the defendant also failed to comply with the rape-shield statute's written-motion, in-camera-hearing, and proffer requirements. The court likewise declined to consider the confrontation argument because it was raised for the first time on appeal.