State of Arkansas v. Bernard Kindall — Hannah, J., Dissenting

Summary

Hannah, C.J., dissenting, would uphold the circuit court’s exclusion of the victim’s prior-sexual-conduct evidence under the rape-shield statute. He reasoned that the court conducted the required in camera hearing, applied the statutory relevance and prejudice standard, and did not act improvidently, thoughtlessly, or without due consideration. The dissent also emphasized that cross-examination does not create a constitutional right to present irrelevant evidence.