Curtis v. State

Robert H. Dudley, Justice.

Appellant was convicted of the rape of his girlfriend’s seven-year-old daughter. We affirm the conviction.

Appellant’s primary point of appeal is that Ark. Code Ann. § 16-44-203 (1987), the statute which authorizes the videotaping of the testimony of a young victim of a sexual offense, is unconstitutional because it is procedural in nature and, under the separation of powers doctrine, only courts can promulgate rules of court procedure.

The rule-making power of courts comes from three (3) sources: (1) inherent in the constitutional separation of powers, (2) express…