Mouton v. State (Majority, with Concurring)
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The Supreme Court affirmed Defendant’s convictions for two counts of sexual assault in the second degree, thus rejecting Defendant’s challenges to the trial court’s decisions with respect to a pretrial motion.
On appeal, Defendant argued that the trial court erred in denying his “rape-shield” motion, which sought to introduce evidence of the sexual nature of the relationship between the victim and another minor. The Supreme Court held (1) evidence of the sexual nature of the victim’s relationship with another minor was properly excluded under Ark. R. Evid. 411, and (2) the trial court’s application of rule 411 to exclude the evidence at issue did not violate Defendant’s constitutional right to present a complete defense.
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