Walker v. State


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Docket Number: 2009-KA-01139-COA

Court of Appeals: Opinion Link
Opinion Date: 02-22-2011
Opinion Author: Irving, J.
Holding: Affirmed.

Additional Case Information: Topic: Fondling - Weight of evidence - Exclusion of reports - M.R.E. 803(4) - M.R.E. 803(6) - Ineffective assistance of counsel
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-12-2009
Appealed from: SCOTT COUNTY CIRCUIT COURT
Judge: MARCUS D. GORDON
Disposition: CONVICTED OF GRATIFICATION OF LUST AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
Case Number: 2008-CR-036-SC-G

  Party Name: Attorney Name:  
Appellant: Paul Terrell Walker, Jr.




EDMUND J. PHILLIPS JR.



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LAURA H. TEDDER  

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Topic: Fondling - Weight of evidence - Exclusion of reports - M.R.E. 803(4) - M.R.E. 803(6) - Ineffective assistance of counsel

Summary of the Facts: Paul Walker Jr. was convicted of fondling a child for the purpose of gratifying his lust. He was sentenced to ten years. He appeals.

Summary of Opinion Analysis: Issue 1: Weight of evidence Walker argues that the jury’s verdict is against the overwhelming weight of the evidence, because the victim’s prior false accusations of sexual abuse against her stepfather cast doubt on her credibility and create a reasonable doubt as to whether Walker committed the crime. The unsupported word of the victim of a sex crime is sufficient to support a guilty verdict where that testimony is not discredited or contradicted by other credible evidence. The victim’s testimony in this case was not sufficiently discredited to warrant overruling the verdict, especially considering the letter written by Walker which was found in the victim’s pants pocket and the testimonies of two witnesses who frequently observed the victim and Walker hug as the victim exited the bus which Walker drove. Issue 2: Exclusion of reports Walker argues that the circuit court erred in refusing to admit the reports that the school nurse made following her interview with the victim regarding the allegations of abuse against her stepfather. He argues that the reports are admissible under M.R.E. 803(4), medical-diagnosis exception, or M.R.E. 803(6), regularly conducted business activity exception. The circuit court did not abuse its discretion in excluding the reports because they related to the victim’s accusations against her stepfather, not Walker. Furthermore, the circuit court’s decision to exclude the reports did not prejudice or adversely affect Walker, especially since the circuit court permitted the school nurse to testify regarding her interview with the victim. Issue 3: Ineffective assistance of counsel Walker argues that his attorney’s failure to request a peremptory instruction constituted ineffective assistance of counsel. At the close of the State’s case-in-chief, Walker’s attorney made a motion to dismiss, citing the State’s failure to prove its case. Additionally, Walker’s attorney filed a motion for a new trial. The post-trial motion gave the circuit court the opportunity to review the weight of the evidence; therefore, the attorney’s failure to ask for a peremptory instruction does not constitute ineffective assistance of counsel.


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