Parish v. State

Summary

The Arkansas Supreme Court affirmed Joe Parish's convictions and rulings in a prosecution involving the rape of his daughter. The court held that the trial court did not abuse its discretion by refusing to sever the charges involving two victims because the evidence was independently admissible under Arkansas Rule of Evidence 404(b). The court also upheld exclusion of evidence concerning the victim's alleged prior sexual relationship under Arkansas's rape-shield statute.

Holdings

1. The circuit court did not abuse its discretion in denying severance because evidence concerning each victim would have been independently admissible in the trial involving the other victim under Arkansas Rule of Evidence 404(b) to show intent, motive, or common scheme or plan.
2. The circuit court properly excluded the proffered testimony under the rape-shield statute because the alleged prior sexual relationship had no bearing on Parish's guilt or innocence and its prejudicial effect substantially outweighed its minimal relevance.

Questions Presented

1. Whether the circuit court abused its discretion by denying Parish's motion to sever the two rape offenses under Arkansas Rule of Criminal Procedure 22.2.
2. Whether the circuit court abused its discretion by excluding proffered testimony concerning N.P.'s alleged prior sexual conduct under Arkansas's rape-shield statute.

Disposition

affirmed