This court affirmed Herron's conviction on May 26, 2005. Herron v. State, 362 Ark. 446, 208 S.W.3d 779 (2005).

In other words, the prior crime must be "independently relevant to the main issue, in that it tends to prove some material point rather than merely proving that the defendant is a criminal." Herron v. State, 362 Ark. 446, 208 S.W.3d 779 (2005). However, it is important to note that even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.

The trial court shall grant a severance if it is deemed appropriate to promote a fair determination of the guilt or innocence of one or more defendants. The issue of severance is to be determined on a case-by-case basis, considering the totality of the circumstances, with the following factors favoring severance: Herron v. State, 362 Ark. 446, 208 S.W.3d 779 (2005).See Ark. R. Crim. P. 22.3(b)(i).