Jonathan Thacker, Appellant v. State of Arkansas, Appellee — Wynne, J., Dissenting

Summary

Justice Wynne, dissenting, would have found that DNA evidence showing semen at the crime scene belonged to someone other than Thacker was relevant to the identity of the rapist and should not have been excluded under the rape-shield statute. He further rejected the conclusion that excluding the evidence was harmless because the eyewitness identifications contained discrepancies and the jury was left with a misleading impression about the forensic evidence. Justice Baker, concurring, agreed with affirmance but would have relied on Thacker’s failure to proffer sufficient evidence and his failure to seek reconsideration at trial.