Supreme Court of Arkansas
State of Arkansas v. Bernard Kindall
June 20, 20132013 Ark. LEXIS 304
Summary
The court held that the circuit court abused its discretion by admitting evidence concerning the alleged victim’s prior sexual-conduct allegation because the allegation was collateral, its probative value was slight, and the evidence would create a trial within a trial concerning whether the earlier allegation was true. The court reversed the evidentiary ruling and remanded for trial. Chief Justice Hannah, dissenting, would have upheld the circuit court’s exercise of discretion after the required in-camera hearing.