Hill v. State
| Docket Number: | 2008-KA-00811-COA Linked Case(s): 2008-KA-00811-COA ; 2008-CT-00811-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 12-15-2009 Opinion Author: Irving, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Felonious child abuse - Jurisdiction - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 06-21-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: CONVICTED OF FELONIOUS CHILD ABUSE AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2402-2006-187 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DAMITA ANN HILL |
FRANK PHILIP WITTMANN IV |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Felonious child abuse - Jurisdiction - Sufficiency of evidence |
| Summary of the Facts: | Damita Hill was convicted of felonious child abuse and was sentenced to twenty years. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction Hill argues that the circuit court lacked jurisdiction to try her case, because she lived in a residence located on the Keesler Air Force Base. The documents provided to the circuit court indicate that the federal government acquired the property with Hill’s residence on it in December 1958. While there is evidence supporting a finding that the federal government has exercised exclusive jurisdiction over the land it acquired in 1945, there is nothing to indicate that a similar claim has been made in regard to the land it acquired in 1958, which is the acquisition that included Hill’s 2004 residence. Therefore, substantial evidence supports the circuit court’s finding that it had jurisdiction over Hill. Issue 2: Sufficiency of evidence Hill argues that the evidence is insufficient to sustain her conviction. She argues that there was insufficient evidence to show that it was she, rather than her husband, who caused the injuries. In Hill’s written statement to the police, she admitted to striking the child out of frustration. The jury was not required to accept her retraction of that statement at trial. There is ample evidence to show that the child suffered serious bodily injury. Both doctors testified that the child’s injuries were life-threatening. There is nothing in the record to suggest that someone other than Hill or her husband ever had custody or care of the child. One of the doctors emphatically stated that the severity of the head injury indicated more than an accidental strike against the side of a crib. It is clear that a rational trier of fact could have found Hill guilty, beyond a reasonable doubt, of every element of felonious child abuse. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
