Green v. State, 2012 Ark. 19

Green was convicted of four counts of rape and one count of first-degree terroristic threatening and sentenced to 56 years in the ADC.
On appeal, Green challenged denial of a continuance, failure to instruct on lesser-included offenses, and failure to order disclosure of the victim's counselor diagnosis.
Green testified for the State in his father's capital-murder case after plea agreements; his father's conviction was reversed on appeal.
Following such developments, the State filed amended informations multiple times, ultimately filing a fourth amended information on February 16, 2010 that changed the charge to forcible compulsion and removed age references.
The circuit court denied Green's continuance request and allowed the amendments without delay, prompting arguments about due process and notice.
The court later addressed whether lesser-included-offense instructions and disclosure of the victim's counseling-diagnosis were warranted, ultimately affirming the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Continuance due to late amendment	Green argues denial of continuance prejudiced defense due to last-minute amendment.	Green contends amendment changed the nature of the charge and required more preparation time.	No abuse; amendment did not change the nature of the rape charge and defense had ample time.
Lesser-included offenses for terroristic threatening	Second-degree terroristic threatening should be instructed as a lesser offense.	There is a rational basis to instruct on lesser offenses due to credibility and alternative theories.	No rational basis; court did not err in not instructing on second-degree terroristic threatening.
Lesser-included offenses for rape	First-degree sexual abuse could be a lesser-included offense of rape.	D.G.’s credibility creates a potential basis for lesser instruction.	No rational basis; no error in denying sexual-abuse instruction.
Disclosure of victim's counselor diagnosis	State violated discovery rights by withholding counseling records or diagnosis.	Diagnosis could affect witness credibility or competency; records should be disclosed.	No error; Rule 17.1(a)(iv) inapplicable; counselor not deemed expert; Brady claim undeveloped.

Harmon v. State, 277 Ark. 265 (1982) (amendment notice requirement for changing charges)
Hill v. State, 370 Ark. 102 (2007) (amendment of information to broader charges without changing nature)
Doby v. State, 290 Ark. 408 (1986) (no rational basis for lesser-included instructions when entirely innocent)
Phavixay v. State, 2009 Ark. 452 (2009) (amendment timing before jury submission; limits on unfair surprise)
Jester v. State, 367 Ark. 249 (2006) (reiterates limits of non-researching appellate argument)