608 S.W.3d 584
Ark.2020Background
- Defendant Jerry McKee was charged with one count of rape for sexual intercourse or deviate sexual activity with a child under 14 occurring between July 27 and August 3, 2018; jury convicted and sentenced to life.
- Victim C.T., a prepubertal girl, testified McKee pulled down her panties and that "his private to my private" caused pain and bleeding; she required surgery.
- McKee gave a recorded interview saying C.T. had been staying with him, that they were wrestling and naked, and that he thought he had "busted her cherry."
- Medical testimony described severe anogenital lacerations consistent with a "vaginal impalement mechanism" and inconsistent with accidental or old-wound theories; C.T.ʼs DNA was found on a sex toy recovered from McKee’s residence.
- Pretrial motions to suppress video evidence and to allow otherwise-excluded prior sexual-conduct evidence (rape-shield exception) were denied; medical records were later admitted by stipulation and defense cross-examined the treating pediatrician about notes referencing an "old injury."
- On appeal McKee raised six points (sufficiency, rape-shield ruling, hearsay/prior-statement issues, suppression, leading questions, and voir dire transcript/4-3(i) review); the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State: Evidence (victim testimony, medical findings, DNA on sex toy, bedroom with blood) supports rape conviction | McKee: Injury could be accidental (wrestling) or re-aggravation of prior wound; he lacked ability/intent to penetrate | Affirmed—viewing evidence in prosecution's favor, substantial evidence supports conviction (penetration by penis or sex toy plausible) |
| Rape‑shield / admission of prior sexual conduct | State: Exclusion proper; prior acts not proven and prejudicial | McKee: Medical records and prior-abuse history show prior injury source; needed under Townsend factors to show alternate source/impeach | Affirmed—trial court did not abuse discretion; first Townsend factor (prior act clearly occurred) lacked proof pretrial; jury still heard contested medical excerpts and defense cross‑examined doctor, making any error harmless |
| Motion to suppress (video of arrest) | State: Court correctly ruled on relevance and Rule 403 balancing | McKee: Court erred by denying suppression without requiring State to prove legality (burden-shift) | Affirmed—defendant did not argue lack of warrant or custodial involuntariness below; suppression hearing focused on relevancy/Rule 403 and defendant is bound by grounds actually raised at trial |
| Admission of prior statement / hearsay (victim said McKee was first to put privates in her) | McKee: Prior statement admissible to impeach or show alternative source of sexual knowledge/injury | State: Statement irrelevant under rape-shield; no indication prior penetration occurred | Affirmed—court properly excluded as rape-shield evidence; defense cross-examined victim and got denial of prior injury; statement lacked independent admissibility under Townsend/§16-42-101(c) |
| Leading questions on direct to child victim | State: Leading to a child may be permissible; questions were not prejudicial | McKee: Prosecutor led the child into endorsing specific acts (improper) | Affirmed—trial court acted within discretion; limited objection, court instructed prosecutor to avoid leading and no further error shown |
| 4-3(i) review / absent voir dire transcript | State: No showing of adverse rulings in omitted jury-selection transcript | McKee: Life sentence requires review of all prejudicial error; voir dire transcript missing | Affirmed—record examination found no prejudicial error; appellant did not order transcription or claim adverse rulings, so court applies Ellis presumption |
Key Cases Cited
- Thomas v. State, 2020 Ark. 154 (directed‑verdict / sufficiency standard)
- Jeffries v. State, 2014 Ark. 239 (victim's uncorroborated testimony can sustain rape conviction)
- Rounsaville v. State, 374 Ark. 356 (credibility is for the jury; jury may believe part/all testimony)
- Farmer v. State, 341 Ark. 220 (construction of "sexual gratification" in sexual‑offense statutes)
- State v. Townsend, 366 Ark. 152 (Townsend five‑factor test for admitting child’s prior sexual conduct)
- Woodall v. State, 2011 Ark. 22 (rape‑shield statute purpose and trial‑court discretion)
- Evans v. State, 65 Ark. App. 232 (burden on State to justify warrantless search at suppression hearing)
- Wofford v. State, 330 Ark. 8 (presumption that warrantless search is unreasonable)
- Jackson v. State, 2013 Ark. 201 (permissibility of leading questions to child victims within trial court discretion)
- Ellis v. State, 366 Ark. 46 (voir dire transcript omission and presumption about adverse rulings when appellant excludes transcript)