Supreme Court of Arkansas

Johnathan Johnston, Appellant v. State of Arkansas, Appellee — Hannah, J., Dissenting

March 13, 20142014 Ark. LEXIS 165

Summary

The dissent contends that the circuit court committed prejudicial error by admitting sexually explicit and deviant pornography found on the appellant's computer because the material was not independently relevant to prove that he raped his daughter. It rejects affirmance based on overwhelming evidence, reasoning that admission of propensity evidence undermined the rights to a fair trial, the presumption of innocence, and a jury trial. The dissent would reverse and remand; no separate opinions were provided.