Rankin v. State
| Docket Number: | 2006-KA-00279-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-28-2007 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape - Hearsay - M.R.E. 804(b)(3) - M.R.E. 801(d)(2) - Motive for testimony - DNA evidence - M.R.E. 401, 402, 403 - Proof of age of victim Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE AND CARLTON, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-10-2006 Appealed from: WAYNE COUNTY CIRCUIT COURT Judge: Robert Bailey Disposition: FOUND GUILTY OF STATUTORY RAPE AND SENTENCED TO 20 YEARS. District Attorney: Bilbo Mitchell Case Number: 04-124-K |
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| Party Name: | Attorney Name: | |||
| Appellant: | MELVIN RANKIN |
LESLIE D. ROUSSELL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Hearsay - M.R.E. 804(b)(3) - M.R.E. 801(d)(2) - Motive for testimony - DNA evidence - M.R.E. 401, 402, 403 - Proof of age of victim |
| Summary of the Facts: | Melvin Rankin was found guilty of statutory rape and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Hearsay Rankin argues the court committed reversible error in allowing testimony regarding a letter written by Rankin to the victim’s mother while he was incarcerated, because the letter was inadmissible hearsay. Rankin argues that under M.R.E. 804(b)(3), statements against interest are an exception to hearsay and only admissible if the declarant is unavailable. Testimony about the letter and its content are admissible but not as an exception to hearsay. Instead, the testimony is an admission by a party-opponent which is admissible under M.R.E. 801(d)(2). Whether the declarant is available to testify is immaterial under this rule. There was nothing in the testimony about the letter which was an absolute admission of guilt on the part of Rankin. The jury was allowed to draw its own conclusions as to the meaning of this letter and others that were written to the mother while Rankin was incarcerated. Issue 2: Motive for testimony Rankin argues that the court erred in refusing to allow him to question the victim’s mother regarding what the Mississippi Department of Human Services had informed her DHS would do if she allowed Rankin back into her home, because this line of questioning was an attempt to show the mother’s motive in testifying against Rankin. The testimony regarding DHS was irrelevant. The proffer indicated that DHS would take the victim away if her mother allowed Rankin back into her house; DHS did not threaten to take the victim away if the mother did not testify in a manner designed to secure his conviction. Issue 3: DNA evidence Rankin argues that the court erred in admitting evidence of the DNA testing, because testimony that 91.5% of other African Americans were excluded as the donor of the DNA cells found in the swabs did not meet the burden of beyond a reasonable doubt. The standard for admission of evidence is not that it must be statistically beyond a reasonable doubt, but whether the evidence is relevant under M.R.E. 401, 402, and 403. The expert was allowed to testify as to the results of her DNA analysis without a specific objection from the defense. In addition, the specific arguments made by Rankin on appeal were not presented to the trial court. Issue 4: Proof of age Rankin argues that the State failed to introduce any documentary evidence, such as a birth certificate or other record, to prove the victim’s age beyond a reasonable doubt. The State is not required to provide a birth certificate or other documentation to show age, particularly where, as here, the victim and her mother both clearly state her date of birth and age at the time of the incident. |
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