Barrett v. State
| Docket Number: | 2002-KA-01565-COA Linked Case(s): 2002-CT-01565-SCT ; 2002-KA-01565-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2004 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape & Sexual battery - Ineffective assistance of counsel - Leading questions - M.R.E. 611(c) - Sufficiency of evidence Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-05-2002 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: STATUTORY RAPE - COUNT IV - LIFE; SEXUAL BATTERY - COUNT VI - 40 YEARS; COUNT VI SHALL RUN CONSECUTIVELY TO THE SENTENCE IMPOSED IN COUNT IV. District Attorney: Rick Mitchell Case Number: 13,192 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gerald Barrett |
WILLIAM JOSEPH BARNETT
DAN W. DUGGAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Statutory rape & Sexual battery - Ineffective assistance of counsel - Leading questions - M.R.E. 611(c) - Sufficiency of evidence |
| Summary of the Facts: | Gerald Barrett was convicted of statutory rape and one count of sexual battery. He was sentenced to life imprisonment for the statutory rape and to forty years for the sexual battery, the sentences to run consecutively. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Barrett argues that his attorney was ineffective in not objecting to continued leading questions by the State. While M.R.E. 611(c) provides that leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony, children are a classic example of the kinds of witnesses for whom leading questions may be necessary. In this case, a few of the questions asked could be considered leading questions, but due to the age of the witnesses and the limited manner in which the questions were used, it is doubtful that the judge would have disallowed the questions. Therefore, Barrett would have benefitted little by an objection from counsel. Barrett also argues that counsel was ineffective in not objecting to continuous introduction of prior bad acts. There is a clear line of cases authorizing a circuit court in the prosecution of a sexual offense to permit evidence of past sexual crimes of the accused. Therefore, there can be no claim of ineffective assistance of counsel premised on the failure of counsel to object. Issue 2: Sufficiency of evidence Barrett attacks the credibility of the testimony of the victims. However, any issues of credibility or motive was for the jury to decide. |
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