Supreme Court of Arkansas

David Waldon Paschal v. State of Arkansas — Baker, J., Concurring in Part and Dissenting in Part

March 29, 20122012 Ark. LEXIS 158

Summary

Justice Baker concurs that the witness-bribery conviction was supported by substantial evidence and that the trial court improperly excluded evidence bearing on S.C.'s bias. She dissents from the majority's conclusion that the statute criminalizing sexual contact between a K-12 public-school teacher and an enrolled student under twenty-one is unconstitutional as applied, reasoning that the teacher-student relationship is inherently one of trust and authority and that no fundamental privacy right protects it. Justice Brown, dissenting in part and concurring in part, likewise would uphold the sexual-assault conviction and reverse the witness-bribery judgment for further proceedings; Justice Danielson, concurring in part and dissenting in part, would reverse the witness-bribery conviction for insufficient evidence.