Brown v. State (Majority)
Annotate this CaseAfter a jury trial, Appellant was convicted of the rape of B.B., his minor stepdaughter, and sentenced to a term of imprisonment for life. Appellant appealed, arguing that the circuit court erred in (1) denying his motion for the trial judge to recuse because the trial judge had served as a deputy prosecuting attorney on an earlier case in which Appellant had been charged with raping S.S., who testified at the instant trial; (2) admitting testimony under the pedophile exception to Ark. R. Evid. 404(b) and under Ark. R. Evid. 403; and (3) granting the State's motion in limine to exclude evidence Appellant intended to offer concerning his sexual relationship with his wife. The Supreme Court affirmed, holding (1) the trial judge did not abuse her discretion in denying Appellant's request that she recuse, as Appellant failed to demonstrate actual bias or that the trial judge was required to recuse; (2) the trial court did not err in admitting the disputed testimony; and (3) Appellant failed to preserve his final argument for the Court's review.
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