Harrison v. State
| Docket Number: | 2009-KA-01732-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-09-2010 Opinion Author: Randolph, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Statutory rape & Sexual battery - Mischaracterization of case - Comment on truthfulness of victim - M.R.E. 102 Judge(s) Concurring: Waller, C.J., Carlson, P.J., Lamar, Kitchens, Chandler and Pierce, JJ. Concur in Part, Concur in Result 1: Dickinson, J., Concurs in Part and in the Result Without Separate Written Opinion. Concurs in Result Only: Graves, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-16-2009 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: Count I: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections; Count II: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections; Count III: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections; Count IV: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections; Count V: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections; Sentences in Counts I, II and III shall run concurrently for a total of twenty (20) years to serve. Sentence in Count IV shall run consecutively to the sentences in Counts I, II and III. Sentence in Count V shall run consecutively to sentences in Counts I, II, III and IV for a total of sixty (60) years to serve. The Court suspended ten (10) years from the sentence in Count V, leaving a total of fifty (50) years to serve, and which sentence shall be served day-for-day. District Attorney: MARK SHELDON DUNCAN Case Number: 09-CR-0069 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Elzie Junior Harrison |
OFFICE OF INDIGENT APPEALS: W. DANIEL HINCHCLIFF, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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| Topic: | Statutory rape & Sexual battery - Mischaracterization of case - Comment on truthfulness of victim - M.R.E. 102 |
| Summary of the Facts: | Elzie Harrison was convicted on five counts of statutory rape and sexual battery. He appeals. |
| Summary of Opinion Analysis: | Harrison argues that the court erred by mischaracterizing the case as a capital case. This issue is procedurally barred. Harrison did not timely object, include this issue in his post-trial motion, or argue on appeal why it should not be procedurally barred. Furthermore, the trial court’s comments were not without support in the law. Harrison was indicted on two counts of statutory rape, a crime for which life imprisonment is possible. Harrison also argues that the trial court’s comment on the truthfulness of the victim was a “stamp of approval” that signaled to the jury that the judge believed her and that the defense was trying to prevent the truth from being told. The trial court did not vouch for the victim’s veracity, but only commented that getting to the truth was the court’s goal. That the truth may be ascertained is among the ultimate purposes of the rules of evidence as stated in M.R.E. 102. |
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