In re G.L.H.
| Docket Number: | 2001-CA-01963-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Simple assault - Sufficiency of evidence - Section 97-3-7(1)(a) - Recklessness - Appeal supersedeas Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - JUVENILE JUSTICE |
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| Trial Court: |
Date of Trial Judgment: 10-03-2001 Appealed from: Lee County County Court Judge: James B. Floyd, III Disposition: CHILD ADJUDICATED TO BE A DELINQUENT CHILD AND PLACED ON SUPERVISED PROBATION, ORDERED TO PARTICIPATE IN THE JUVENILE WORK PROGRAM, AND TO PAY COSTS. Case Number: 6161 |
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| Topic: | Simple assault - Sufficiency of evidence - Section 97-3-7(1)(a) - Recklessness - Appeal supersedeas |
| Summary of the Facts: | G.L.H., a minor, was charged with simple assault and found to be a delinquent child. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence G.L.H. argues that the evidence is insufficient, because the prosecution failed to prove all the elements of the crime, specifically intent. Section 97-3-7(1)(a) provides that a person is guilty of simple assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another. It is not necessary to prove intent to convict a person of simple assault. The recklessness or negligence contemplated by the statute is in the act itself. Simple assault is the proper charge when the element of intent is absent. Here, the judge found G.L.H. guilty of simple assault under the recklessness prong of the statute. The testimony was clear that G.L.H. either pushed or hit the victim causing him to sustain the injuries. While G.L.H. may not have desired the consequence of the severe injury sustained by the victim, it was certainly foreseeable that pushing a person down a hill may cause serious injuries. G.L.H.’s behavior was careless, inattentive and rises to the level of recklessness. Issue 2: Appeal supersedeas G.L.H. argues that the court’s denial of allowing the appeal to proceed supersedeas constitutes a denial of due process. An appeal does not stay the enforcement of the youth court's disposition of the case unless supersedeas is specifically granted by either the youth court or the appellate court on review if the youth court refuses to grant it. Therefore, G.L.H. was required to immediately appeal the decision of the trial court refusing his motion to appeal supersedeas to the Mississippi Supreme Court, before proceeding with his appeal on the merits. Since he failed to do so, his claim is procedurally barred. |
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