Jonathan Thacker, Appellant v. State of Arkansas, Appellee — Baker, J., Concurring

Summary

Justice Baker concurred in affirming Thacker’s conviction but would affirm on the grounds that Thacker failed to proffer the DNA-related evidence and waived any challenge by not seeking reconsideration after trial testimony arguably opened the door. She reasoned that the isolated presence of another man’s DNA lacked demonstrated probative value without evidence concerning when the deposits were made. Justice Wynne, dissenting, would have held the evidence relevant and its exclusion prejudicial to the misidentification defense.