Page:Herren v. State, 2018 Ark. App. 528.pdf/1

 Cite as 2018 Ark. App. 528

DIVISION IV

CR-18-215 PHILLIP HERRENAPPELLANT

V.

STATE OF ARKANSASAPPELLEE October 31, 2018

APPEAL FROM THE CLEVELAND COUNTY CIRCUIT COURT [NO. 13CR-15-33]

HONORABLE DAVID W. TALLEY, JUDGE

REVERSED AND REMANDED

On November 21, 2017, a Cleveland County jury found appellant Phillip Anthony Herren guilty of rape and sentenced him to forty years' incarceration in the Arkansas Department of Correction. On appeal, he argues that the circuit court abused its discretion when, under the rape-shield statute, it excluded some evidence regarding the victim's sexual behavior that occurred shortly before the charged conduct. He further argues that this denied him the due-process right to present a complete defense. We agree that the evidence was improperly excluded and therefore reverse and remand for a new trial.

A summary of the evidence, as it was presented to the jury, follows. On May 5, 2015, several teenage girls, including the victim, BLR, were spending the night at the