Ivy v. State


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Docket Number: 2005-KA-02303-SCT

Supreme Court: Opinion Link
Opinion Date: 02-22-2007
Opinion Author: Easley, J.
Holding: Affirmed

Additional Case Information: Topic: Sexual battery & Fondling - Weight of evidence
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ.
Concurs in Result Only: Graves, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 12-01-2005
Appealed from: Lowndes County Circuit Court
Judge: James T. Kitchens, Jr.
Disposition: Ivy was convicted of sexual battery and fondling. As to sexual battery, Ivy was sentenced as a habitual offender to life imprisonment in the custody of the Mississippi Department of Corrections and fined $10,000. As to fondling, Ivy was sentenced to serve a term of fifteen years in the custody of the Mississippi Department of Corrections to run consecutively with the sentence in Count I and fined $5,000. The trial court ordered that the sentences in Count I and Count II shall not be reduced or suspended, nor shall the defendant be eligible for parole or probation.
District Attorney: Forrest Allgood
Case Number: 2004-0516-CR1

  Party Name: Attorney Name:  
Appellant: Michael Ivy




STEVEN CARL WALLACE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL  

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Topic: Sexual battery & Fondling - Weight of evidence

Summary of the Facts: Michael Ivy was convicted of sexual battery and fondling. He was sentenced as a habitual offender to life imprisonment for the sexual battery charge and fifteen years for the fondling charges. He appeals.

Summary of Opinion Analysis: Ivy argues that the verdict was against the overwhelming weight of the evidence, because there were inconsistencies between the victim’s statements made to law enforcement officials and her testimony at trial. The victim testified that Ivy licked her everywhere, including between her legs and her chest. Ivy penetrated her vagina with his tongue. Ivy put his thumb inside the victim who was thirteen years old at the time. The victim was able to see Ivy’s face when he was licking her, and she identified Ivy in court for the record as the man who had performed those acts on her. The defense had the opportunity to cross-examine the victim as to any discrepancies in her statements and testimony. The jury is the final arbiter of a witness's credibility. Considering the evidence in the light most favorable to the State, there was sufficient evidence to convict Ivy of sexual battery and fondling.


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