Reed v. State
Docket Number: | 2006-KA-01935-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY CHARLES W. MARIS |
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. |
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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