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KELLEY v. STATE

No. CR 08-926.

292 S.W.3d 297 (2009)

Billy Joe KELLEY, Jr., Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

February 5, 2009.

Attorney(s) appearing for the Case

Bill Luppen, Little Rock, for appellant.

Dustin McDaniel, Att'y Gen., by Brad Newman, Ass't Att'y Gen., for appellee.

JIM HANNAH, Chief Justice.

A Pulaski County jury convicted appellant Billy Joe Kelley, Jr., of the rape of nine-year-old M.W., and he was sentenced as a habitual offender to a term of life imprisonment. On appeal, he contends that the circuit court erred (1) in denying his motion for directed verdict; (2) in allowing the State to introduce into evidence that the victim testified positive for chlamydia, without the testimony of the technician who performed the test...

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