holding that evidence of a victim’s HIV-positive status fell under the state’s rape shield law as evidence of prior sexual conduct because of the public’s general perception of it as an STD
How later courts described this case
- holding that evidence of a victim’s HIV-positive status fell under the state’s rape shield law as evidence of prior sexual conduct because of the public’s general perception of it as an STD
- affirming admission of testimony under Rule 404(b) based on similarities between the crime charged and the alleged prior rape as evidence of Fells’s intent, motive, or plan
- victim of similar, but earlier, rape by defendant allowed to prove intent, motive, or plan
Written by the judges who cited it.
The opinion
Annabelle Clinton Imber, Justice, dissenting. I join the dissent in concluding that S.H.’s HIV status was not evidence of any specific instance of prior sexual conduct subject to Arkansas’s rape-shield statute, Ark. Code Ann. § 16-42-101 (Repl. 1999).