Brad S. Hortenberry, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed Hortenberry's convictions for rape and sexual indecency with a child, holding that evidence of similar sexual conduct involving two boys was admissible under the pedophile exception to Rule 404(b). Although the circuit court improperly admitted evidence involving an adult disabled man under that exception, the evidence was independently relevant to show a deliberate course of conduct and was properly admitted on that alternative basis. The court also declined to review the Rule 403 challenge to the boys' testimony because Hortenberry did not obtain a ruling below.