Stevenson v. State
| Docket Number: | 2007-KA-01229-COA Linked Case(s): 2007-KA-01229-COA ; 2007-CT-01229-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Statutory rape - Relevant evidence - M.R.E. 401 - M.R.E. 403 Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ. Non Participating Judge(s): KING, C.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 06-12-2007 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: CONVICTED OF STATUTORY RAPE AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Joyce Ivy Chiles Case Number: 2005-365 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOSEPH STEVENSON |
MARTIN A. KILPATRICK |
|
|
| 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. |
|
| Topic: | Statutory rape - Relevant evidence - M.R.E. 401 - M.R.E. 403 |
| Summary of the Facts: | Statutory rape - Relevant evidence - M.R.E. 401 - M.R.E. 403 |
| Summary of Opinion Analysis: | Stevenson argues that the trial court committed reversible error when it admitted evidence of seminal fluid found inside the victim even though it had not been identified through DNA testing as Stevenson’s. Stevenson admits that the evidence was relevant under M.R.E. 401; however, he argues that under M.R.E. 403, the probative value of the seminal-fluid evidence and testimony was substantially outweighed by the danger of unfair prejudice, confusion of the issues, and was misleading to the jury. No DNA sample could be obtained from the sample taken from the victim’s body. Furthermore, the semen was found inside the victim’s body the day after the two had allegedly last had sex. The State connected the semen found inside the victim with Stevenson through the victim’s testimony. The State did not present the semen evidence to the court as being Stevenson’s semen. The State presented the semen evidence as proof that the victim had engaged in sexual intercourse before being taken to the hospital. The semen evidence was relevant and more probative than prejudicial, and it made the State’s theory of the case more probable. Thus, the trial judge did not abuse his discretion in allowing the State to present the semen evidence. Stevenson also argues that the victim’s claims were unsubstantiated and uncorroborated, because the semen found inside her vaginal vault could not be positively identified through scientific testing as being his. Unsubstantiated and uncorroborated testimony of a victim is sufficient to support a guilty verdict if that testimony is not discredited or contradicted by other credible evidence, especially if the conduct of the victim is consistent with conduct of one who has been victimized by a sex crime. While the victim in this case did make inconsistent statements, she explained in her testimony that she initially lied because she was scared and did not want anyone to get into trouble. Despite her inconsistent statements, she consistently named Stevenson as the person with whom she had sex. Thus, this issue is without merit. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
