Hortenberry v. State (Majority)Annotate this Case
The Supreme Court affirmed Appellant’s convictions of one count of rape and one count of sexual indecency with a child, for which Appellant was sentenced to concurrent terms of life and seventy-two months, respectively. On appeal, Appellant argued that the circuit court abused its discretion by admitting evidence that he performed similar sexual acts on two other young boys and on a physically disabled man. The Supreme Court disagreed, holding (1) the circuit court did not abuse its discretion in ruling that the testimony of the two other boys was admissible under the pedophile exception to Ark. R. Civ. P. 404(b); and (2) the circuit court abused its discretion in admitting the testimony of the physically disabled man under the pedophile exception but did not abuse its discretion in admitting the testimony as independent-relevance evidence under Rule 404(b).