State of Arkansas, Appellant v. Miguel Cossio, Appellee

Summary

The court held that it had jurisdiction over the State’s interlocutory appeal and that the circuit court erred by admitting testimony about the victim’s prior sexual conduct with a third person. Because the charged rape involved a physically helpless victim, the prior conduct was not relevant to consent or any other material issue, was not part of the res gestae of the charged offense, and in any event was substantially outweighed by its prejudicial effect. Justice Hart and Justice Baker dissented, each maintaining that the testimonial evidence should remain admissible, although they relied on different grounds.