Jonathan Thacker, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed Thacker’s convictions, holding that the circuit court did not abuse its discretion by excluding DNA evidence showing that semen found on the victim’s bedsheet and pillowcase did not match Thacker. The evidence was insufficiently connected to the rape because the victim testified that the assailant did not ejaculate, and admitting it would have created substantial prejudice by requiring inquiry into the victim’s prior sexual conduct. Justice Baker concurred on the alternative grounds that Thacker failed to proffer the evidence and waived the issue by not seeking reconsideration, while Justice Wynne, joined by Justice Danielson, would have held the evidence relevant and admissible.