Goodin v. State
| Docket Number: | 2006-CT-00756-SCT Linked Case(s): 2006-KA-00756-COA ; 2006-KA-00756-COA ; 2006-CT-00756-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 03-20-2008 Opinion Author: Dickinson, J. Holding: THE JUDGMENTS OF THE COURT OF APPEALS AND THE CIRCUIT COURT OF LEE COUNTY ARE AFFIRMED IN PART AND REVERSED AND REMANDED IN PART. |
|
| Additional Case Information: |
Topic: Rape & Sexual battery - Jury instruction Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. Concur in Part, Dissent in Part 1: Easley, J. with separate written opinion. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 02-09-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: Conviction of rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections. Count II: Sexual Battery. District Attorney: John Richard Young Case Number: CR 04-396(G)L |
|
| Note: | The Judgments of the Court of Appeals and the Circuit Court of Lee County are Affirmed in Part and Reversed and Remanded in Part. Count I: Conviction of rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Reversed and Remanded. The COA opinion may be viewed at: http://www.mssc.state.ms.us/Images/Opinions/CO40179.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | JAMES ROBERT GOODIN |
PRO SE |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
|
|
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: | Rape & Sexual battery - Jury instruction |
| Summary of the Facts: | James Goodin was convicted of rape and sexual battery. The Court of Appeals affirmed both convictions. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The only issue addressed by the Court is whether the trial court erred by giving an improper jury instruction on sexual battery. All other issues were fully and correctly addressed by the Court of Appeals. The trial judge allowed the state to amend the indictment. Amending the indictment resulted in no prejudice or harm to Goodin’s ability to present a defense. The only change allowed by the trial court was the name of the crime. The conduct charged against Goodin was clearly set forth in the original indictment, and it did not change. The jury instruction on the amended charge, however, allowed the jury to convict Goodin of conduct that is not a crime. The instruction given to the jury regarding sexual battery did not require the jury to find that the penetration was without consent, as required by the statute. In other words, the instruction authorized the jury to find Goodin guilty of sexual battery without finding beyond a reasonable doubt that the sexual conduct was without the consent of the victim. It is impossible to know if the jury found that the state proved each element of the crime beyond a reasonable doubt, because the jury was not informed that one of the elements of the crime is lack of consent. Therefore, Goodin’s conviction for sexual battery is reversed and remanded for new trial. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
