Farrish v. State
| Docket Number: | 2001-KA-01433-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape - Prior bad acts - Continuance - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-03-2001 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: STATUTORY RAPE-20 YEARS WITH 5 YEARS SUSPENDED District Attorney: Alexander C. Martin Case Number: 2001-0138CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Paul A. Farrish |
WILLIAM JOSEPH BARNETT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Prior bad acts - Continuance - Sufficiency of evidence |
| Summary of the Facts: | Paul Farrish was convicted of statutory rape and sentenced to twenty years with five years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Prior bad acts Farrish argues that the court erred in allowing the State to elicit testimony during its cross-examination of Farrish and through a rebuttal witness that a contempt of court affidavit was filed against Farrish for failure to refrain from contact with the victim. Where the defendant opens the door to discussion of any issue, he cannot complain when the State takes up the discussion. Farrish placed these matters before the court when he claimed to have permission to see the victim and he denied any improper contact with the victim. Issue 2: Continuance Farrish argues that the court erred in denying his motion for a continuance when he changed counsel approximately two weeks prior to trial. A movant requesting a continuance must set forth with specificity the reasons why additional time is necessary to prepare for trial. Neither the record nor the briefs in this case show what witnesses, other evidence, or defenses Farrish sought to present, and for which he had inadequate time to prepare. Issue 3: Sufficiency of evidence Farrish argues that the evidence is insufficient. The testimony of a rape victim, which is not shown to be incredible and unworthy of belief, is sufficient to maintain a conviction of rape. Here, the victim testified as to the sexual acts and Farrish, himself, admitted that he and the victim planned to marry and had undergone blood tests to obtain a marriage license. This evidence is sufficient. |
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