State of Arkansas, Appellant v. Miguel Cossio, Appellee

Summary

The Supreme Court of Arkansas held that it had jurisdiction over the State's interlocutory appeal and that the circuit court abused its discretion by admitting testimony about the victim's prior sexual conduct with another person. Because the charged offense involved a physically helpless victim, the prior conduct was not relevant to consent, was not part of the res gestae, and was substantially outweighed by unfair prejudice. Justice Baker, dissenting, would have affirmed because the State did not preserve the argument that the lap dances constituted prior sexual conduct, while Justice Hart, dissenting, would have affirmed because the conduct did not satisfy the statutory definition of sexual conduct.