No. 18-221

Carl Mouton v. Arkansas

Lower Court: Arkansas
Docketed: 2018-08-21
Status: Denied
Type: Paid
Response Waived
Tags: compulsory-process confrontation-clause constitutional-right-to-defense criminal-procedure due-process evidence rape-shield rape-shield-law rape-shield-rule right-to-present-defense sexual-conduct-evidence
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether application of the Arkansas rape shield rule and statute to prevent Mouton from presenting evidence of a sexual relationship between the accuser and the ward of an antagonist of Mouton violates the constitutional right to present a defense by restricting evidence of motive to make a false accusation

Question Presented (OCR Extract)

QUESTION PRESENTED WHETHER APPLICATION OF THE ARKANSAS RAPE SHIELD RULE AND STATUTE TO PREVENT MOUTON FROM PRESENTING EVIDENCE OF A SEXUAL RELATIONSHIP BETWEEN THE ACCUSER AND THE WARD OF AN ANTAGONIST OF MOUTON VIOLATES THE CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE BY RESTRICTING EVIDENCE OF MOTIVE TO MAKE A FALSE ACCUSATION.

Docket Entries

2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent State of Arkansas to respond filed.
2018-08-17
Petition for a writ of certiorari filed. (Response due September 20, 2018)

Attorneys

Carl Mouton
Jeffrey Marx Rosenzweig — Petitioner
State of Arkansas
Darnisa C. Evans JohnsonOff of Attorney General of AR, Respondent
Amanda Jane JegleyArkansas Office of the Attorney General, Respondent