Moore v. State
| Docket Number: | 2009-KA-00998-COA Linked Case(s): 2009-KA-00998-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-28-2010 Opinion Author: King, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Sexual battery - Weight of evidence Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-28-2009 Appealed from: TISHOMINGO COUNTY CIRCUIT COURT Judge: Jim S. Pounds Disposition: CONVICTED OF TWO COUNTS OF SEXUAL BATTERY AND SENTENCED TO TWENTY-EIGHT YEARS ON EACH COUNT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCES TO RUN CONCURRENTLY, AND FIVE YEARS OF POST-RELEASE SUPERVISION, AND TO PAY A $1,000 FINE AND $1,000 TO THE MISSISSIPPI CHILDREN’S TRUST FUND District Attorney: John Richard Young Case Number: 08-009 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jack Moore |
ERIN ELIZABETH PRIDGEN |
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| 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. |
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| Topic: | Sexual battery - Weight of evidence |
| Summary of the Facts: | Jack Moore was convicted of two counts of sexual battery and sentenced to twenty-eight years on each count. He appeals. |
| Summary of Opinion Analysis: | Moore argues that the verdict is against the overwhelming weight of the evidence based on the source of the complaint, the lack of evidence, and an improper investigation. Moore argues that if the abuse had occurred consistently over three years, someone would have witnessed it. However, the totally uncorroborated testimony of a sex-crime victim is sufficient to support a guilty verdict where that testimony is not discredited or contradicted by other evidence. Here, the victim’s testimony was neither discredited nor contradicted by any other evidence. Also, physical evidence is not required to secure a conviction. With regard to the investigation, two detectives testified that they had asked Moore for permission to question him, and Moore gave his permission to be questioned. Moore was not under arrest at that time. They testified that Moore’s Miranda rights were read to him; Moore voluntarily signed these forms; and he voluntarily gave his confession. The trial court determined that Moore was free to leave at any time and that the detectives did not threaten, coerce, or promise Moore anything to obtain his confession. The trial court’s ruling is supported by the evidence. |
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