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Evidence Keyed to Best
Fells v. State
Citation:
207 S.W.3d 498 (Ark. 2005).Facts
Fells approached S.H. in his vehicle while S.H. was standing near a housing project. The two talked and Fells offered to get S.H. food, as well as watch the Super Bowl in his vehicle in a neighborhood in which S.H was unfamiliar. S.H. confided in Fells, and told him she was pregnant. She also told him she had suffered complications from the pregnancy and she had outstanding warrants for her arrest. The two watched the Super Bowl in the backseat of Fells’s vehicle.
While watching the football game, Fells began to grope S.H. When S.H. protested, Fells threatened her. S.H. eventually submitted.
During trial, the State moved in limine to prevent Fells from questioning S.H. regarding her HIV-positive status.
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