# Fells v. State

> Supreme Court of Arkansas · April 21, 2005 · 362 Ark. 77

URL: https://www.frixlaw.com/law-library/cases/9748319

## Case

- **Full name:** Korey FELLS v. STATE of Arkansas
- **Court:** Supreme Court of Arkansas
- **Decided:** April 21, 2005
- **Citations:** 362 Ark. 77; 207 S.W.3d 498
- **Precedential status:** Published
- **Opinion:** Dissent by Imber
- **Judges:** Betty C. Dickey
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9748319

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9748319. Public record. Not legal advice.