Rogers v. State (Majority, with Dissenting)
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The Supreme Court granted Appellant’s petition for rehearing and issued this opinion reversing Appellant’s three rape convictions and remanded for a new trial or further proceedings, holding that the circuit court erred by not allowing Appellant to impeach one of the victims with a crime of dishonesty, and the error was prejudicial.
The Supreme Court previously affirmed Appellant’s convictions and sentences. Appellant petitioned for rehearing, arguing, inter alia, that the circuit court erred by not allowing him to impeach L.W., one of his three alleged victims, with a prior theft conviction. The Supreme Court reversed the convictions, holding (1) the evidence Appellant sought to introduce to impeach L.W.’s credibility satisfied the requirements of Ark. R. Evid. 609, and the evidence should have been allowed; and (2) where the victims’ credibility was a major consideration for the jury, the error was not harmless.
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