Jonathan Thacker, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed Thacker’s convictions for residential burglary and rape, holding that the circuit court properly excluded semen-DNA evidence from the victim’s bedsheet and pillowcase. The evidence was insufficiently connected to the charged assault because the victim testified that the assailant did not ejaculate, while admitting it could suggest prior sexual activity and thereby create the prejudice the rape-shield statute is designed to prevent. Justice Wynne, dissenting, would have admitted the evidence as critical to the misidentification defense, while Justice Baker, concurring, would have affirmed primarily because Thacker failed to proffer sufficient evidence and waived reconsideration.