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

Summary

Justice Brown would uphold the statute as applied to a teacher who engaged in a sexual relationship with an eighteen-year-old enrolled student, reasoning that the teacher-student relationship is inherently one of authority and that the statute does not substantially burden teachers' private sexual activity with other consenting adults. Brown would nevertheless reverse the witness-bribery judgment and remand that count because the trial court improperly excluded evidence relevant to the witness's bias. Justice Baker likewise would uphold the sexual-assault conviction, while Justice Danielson would reverse the witness-bribery conviction on sufficiency grounds.