Cluck v. State

I concur based

on the doctrine of stare decisis. I again note my deep concern that by abandoning Ark. R. Evid. 404, and by eroding the common-law prohibition against the admission of character evidence, we are ignoring the presumption of innocence and the fundamental right to a fair trial. However, I have already made myself clear that, if we have not already arrived, we are casting aside proof beyond a reasonable doubt by allowing a criminal defendant to be convicted of a crime using evidence of a prior conviction.1 The evidence of intent in the present case was Cluck’s prior conviction for…