State of Arkansas, Appellant v. Miguel Cossio, Appellee — Baker, J., Dissenting

Summary

Justice Baker, dissenting, would affirm the circuit court because the State did not argue below that the lap dances constituted prior sexual conduct under the rape-shield statute and therefore failed to demonstrate error on appeal. She concluded that the State was bound by the scope of its trial objection and could not advance a new statutory ground on appeal. Justice Hart, dissenting, would likewise affirm the admission of the testimonial evidence, although she would conclude that the rape-shield statute did not apply to the conduct at all.