Chim v. State


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Docket Number: 2006-KA-01839-SCT

Supreme Court: Opinion Link
Opinion Date: 01-17-2008
Opinion Author: GRAVES, J.
Holding: Affirmed

Additional Case Information: Topic: Statutory rape & Sexual battery - Suppression of confession
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-12-2006
Appealed from: SCOTT COUNTY CIRCUIT COURT
Judge: Marcus D. Gordon
Disposition: Chim was convicted of statutory rape and sexual battery. This sentence shall run consecutive to the life sentence imposed in Count l. Upon serving ten (10) years of said twenty (20) year sentence for sexual battery, ten (10) years of said sentence are suspended with Chim placed on post conviction release supervision for a period of ten (10) years.
District Attorney: Mark Sheldon Duncan
Case Number: 06-CR-044-SC-G

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: GILBERTO HILARIO CHIM




Edmund J. Phillips, Jr.



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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    Topic: Statutory rape & Sexual battery - Suppression of confession

    Summary of the Facts: Gilberto Chim was convicted of statutory rape and sexual battery. He was sentenced to life imprisonment for statutory rape and twenty years imprisonment for sexual battery. He appeals.

    Summary of Opinion Analysis: Chim, a native of Guatemala, argues that the court erred when it failed to suppress his confession, because he did not adequately understand the English language and therefore did not understand the Miranda warnings articulated to him in English by the three arresting officers. For a waiver of one’s Miranda rights to be considered valid, the state must prove beyond a reasonable doubt that the waiver was made voluntarily, knowingly and intelligently. A waiver is considered voluntary if it is the result of a free and deliberate choice rather than intimidation, coercion or deception. Here, the trial court’s finding was based upon appropriate principles of law and supported by substantial evidence. Chim, originally from Guatemala, moved to the United States in 1998. He has completed nine years of formal education, which included two years of English classes. The State presented the testimony of all three officers who were present at the time that Chim confessed, all of whom were subject to cross examination by defense counsel. All conversations between Chim and the arresting officers were in English. The arresting officers testified that Chim never asked the police officers to explain any English words to him. Furthermore, all the officers testified that Chim understood and spoke the English language without an interpreter. Chim was given a chance to read the Miranda waiver form before signing it, and he gave his statement in English. Additionally, the prosecution offered the testimony of Kimberly Chim, Chim’s estranged wife, who testified that during their marriage, she was not fluent in Spanish; hence, she and Chim communicated in English.


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