Roper v. State
| Docket Number: | 2006-KA-01791-COA Linked Case(s): 2006-KA-01791-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sexual battery - Alibi instruction Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-07-2006 Appealed from: QUITMAN COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: CONVICTION OF SEXUAL BATTERY AND SENTENCED AS AN HABITUAL OFFENDER TO SERVE THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE. District Attorney: Laurence Y. Mellen Case Number: 2005-0001 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES HAROLD ROPER |
W. DANIEL HINCHCLIFF |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
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: | Sexual battery - Alibi instruction |
| Summary of the Facts: | James Roper was convicted of sexual battery and was sentenced as an habitual offender to thirty years. He appeals. |
| Summary of Opinion Analysis: | Roper argues that the court erred in refusing to grant an alibi jury instruction. When a defendant asserts the defense of alibi, and presents testimony in support of that defense, the defendant is entitled to a jury instruction focusing upon such a theory. However, the instructions must be supported by the evidence. Roper requests an alibi instruction based on the testimony of a witness that never actually saw him during the time that the crime took place. Therefore, there was no evidence to warrant an alibi jury instruction. In addition, part of the instruction reads, “Roper is asserting the defense of alibi by saying that he was at his home, at the time of the alleged offense.” No evidence was offered at trial that Roper made any such assertions, either through his choice to remain silent or through the testimony of any other witnesses. Roper had his opportunity to present evidence and testify during the trial. He is not allowed to present new evidence through jury instructions. Therefore, the trial court was correct in its denial of this jury instruction. |
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