Johnston v. State (Majority, with Dissenting)
Annotate this CaseAfter a jury trial, Appellant was convicted of three counts of rape and sentenced to forty years’ imprisonment on each count, with the sentences to be served concurrently. On appeal, Appellant argued that the circuit court erred (1) in permitting the State to introduce pornographic images from Appellant’s computer without sufficient evidence that he viewed the pornography; (2) in admitting the pornographic images under Ark. R. Evid. 404(b); and (3) in concluding that the probative value of the evidence outweighed its prejudicial effect under Ark. R. Evid. 403. The Supreme Court affirmed, holding that any error in the admission of the images by the circuit court was harmless.
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