Dunlap v. State

Tom Glaze, Justice.

Allen Dunlap, appellant, is the owner and operator of two “adult” entertainment establishments in Little Rock—American Arcade and United Arcade. As a result of a vice investigation conducted in 1987 and 1988 by the Little Rock Police Department, appellant was charged with promoting obscene materials in violation of Ark. Code Ann. § 5-68-303 (1987). Appellant’s first trial resulted in a mistrial because the jury could not reach an unanimous verdict.

When the appellant was retried, the state introduced into evidence two video tape movies, “Nasty Habits Are Hard to Break” and…