Brown v. State
2012 Ark. 399
| Ark. | 2012Background
- Brown was convicted by jury of rape of his minor stepdaughter B.B. and sentenced to life imprisonment.
- The State charged two counts; the wife rape count was nol-prossed.
- Evidence included B.B.'s testimony of repeated sexual abuse from age 10 to 17, and DNA/trace evidence linking Appellant to sexual acts.
- State sought to admit prior acts under Rule 404(b) pedophile exception; some witnesses were minors at the time of prior acts.
- Judge denied recusal request; trial proceeded with testimony from H.W. and S.S. as Rule 404(b) witnesses; evidence regarding wife was excluded.
- The court affirmed the conviction after ruling no reversible error on the challenged evidentiary rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recusal of the trial judge | Appellant argues bias due to prior deputy prosecutor role. | Judge had no recollection and no bias; recusal unwarranted. | No abuse of discretion; no bias proven. |
| Admission of prior acts under Rule 404(b) pedophile exception | Prior acts show depraved sexual instinct and are admissible. | Remoteness/time gap makes evidence prejudicial; probative value limited. | Properly admitted; not too remote; probative value outweighed prejudice. |
| Exclusion of wife’s sexual relationship evidence | Evidence relevant to defense and DNA context should be admitted. | No proffered substance; limited testimony already allowed. | Preservation not shown; excluding evidence not reversible error. |
Key Cases Cited
- Irvin v. State, 345 Ark. 541 (2001) (recusal and prejudice standards for judges)
- Turner v. State, 325 Ark. 237 (1996) (recusal considerations when prior prosecution exists)
- Gates v. State, 338 Ark. 530 (1999) (abuse of discretion standard for rulings; bias not presumed by adverse rulings)
- Nelson v. State, 365 Ark. 314 (2006) (remoteness and relevance under Rule 404(b))
- Lamb v. State, 372 Ark. 277 (2008) (remoteness and similarity in pedophile exception)
- Flanery v. State, 362 Ark. 311 (2005) (pedophile exception; probative value of similar acts; lack of prejudice)
- White v. State, 367 Ark. 595 (2006) (similarity requirement for pedophile exception; intimate relationship)
- Hendrix v. State, 2011 Ark. 122 (2011) (pedophile exception framework and rationale)
- Owens v. State, 354 Ark. 644 (2003) (impartiality presumption; burden on proponent to show bias)