Wilkins v. State
| Docket Number: | 2007-KA-01643-SCT Linked Case(s): 2007-CA-01643-SCT ; 2007-KA-01643-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 12-04-2008 Opinion Author: Randolph, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Sexual battery - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ. Non Participating Judge(s): Easley, J. Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 09-06-2007 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: Conviction of Sexual Battery and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, with Five (5) Years Post-Release Supervision, with conditions. District Attorney: Forrest Allgood Case Number: 2006-520-CR1 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | GUS WILKINS, JR. |
W. DANIEL HINCHCLIFF;
LESLIE S. LEE |
|
|
| 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: | Sexual battery - Sufficiency of evidence |
| Summary of the Facts: | Gus Wilkins, Jr. was convicted of sexual battery and sentenced to twenty years, followed by five years post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Wilkins challenges the sufficiency of the evidence. While the victim did not identify Wilkins in the courtroom, the parties stipulated that he was “the source of the semen . . . .” As such, this and any other minor inconsistencies between the victim’s testimony and that of other witnesses were matters of credibility to be weighed and resolved by the jury. Accordingly, any rational juror could have found beyond a reasonable doubt that all of the elements had been met by the State in proving sexual battery. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
