Rush v. State

While I agree that this case must be reversed for resentencing, my beliefs are based on grounds different than those expressed in the majority opinion. The majority’s position regarding what constitutes the “nature of the previous convictions” in Ark. Code Ann. § 16-97-103(2) (Supp. 1993), in my view, is much too limiting. I do not interpret this statute as erecting a per se bar to the admission of witness testimony from victims of previous convictions.

The State asks us to interpret the provision at issue to include the facts and circumstances surrounding the previous offense. While the…