Reed v. State


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Docket Number: 2006-KA-01935-COA

Court of Appeals: Opinion Link
Opinion Date: 07-22-2008
Opinion Author: ISHEE, J.
Holding: Affirmed

Additional Case Information: Topic: Sexual battery - M.R.A.P. 28(a)(3) - Sufficiency of evidence
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-12-2007
Appealed from: TUNICA COUNTY CIRCUIT COURT
Judge: Charles E. Webster
Disposition: CONVICTION OF SEXUAL BATTERY AND SENTENCE OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Laurence Y. Mellen
Case Number: 2006-0027

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: RODERICK REED




WILBERT LEVON JOHNSON, SIDNEY FRANKLIN BECK



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY CHARLES W. MARIS  

    Synopsis provided by:

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    Topic: Sexual battery - M.R.A.P. 28(a)(3) - Sufficiency of evidence

    Summary of the Facts: Roderick Reed was convicted of sexual battery and sentenced to twenty-five years. He appeals.

    Summary of Opinion Analysis: Because Reed failed to specifically identify his assignments of error on issues one, two, and four, he is barred under M.R.A.P. 28(a)(3) from attempting to address them in the substantive argument section of his brief. Reed argues that because the victim in this case named more than one person as having sexually assaulted her, and because that information came out over the course of several different interviews, it was impossible as a matter of law for the jury to return a verdict of guilty. The State presented credible testimony from the victim, a social worker for the Mississippi Department of Human Services, a nurse specializing in sexual assault examinations, and an investigator with the sheriff’s department. The evidence presented by the State was legally sufficient to establish the requisite elements of sexual battery.


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