Miley v. State


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Docket Number: 2005-KA-01135-SCT

Supreme Court: Opinion Link
Opinion Date: 08-10-2006
Opinion Author: Waller, P.J.
Holding: Affirmed

Additional Case Information: Topic: Statutory rape - Sufficiency of evidence - Prior acts - M.R.E. 105 - M.R.E. 403 - M.R.E. 404(b)
Judge(s) Concurring: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ.
Concurs in Result Only: Easley and Graves, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-09-2005
Appealed from: Scott Court Circuit Court
Judge: Marcus D. Gordon
Disposition: Miley was convicted of statutory rape and sentenced to five years in the custody of the Mississippi Department of Corrections.
District Attorney: Mark Sheldon Duncan
Case Number: 05-CR-028-SC-G

  Party Name: Attorney Name:  
Appellant: Samuel Lee Miley




EDMUND J. PHILLIPS, JR.



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY  

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Topic: Statutory rape - Sufficiency of evidence - Prior acts - M.R.E. 105 - M.R.E. 403 - M.R.E. 404(b)

Summary of the Facts: Samuel Miley was convicted of statutory rape and sentenced to five years. He appeals.

Summary of Opinion Analysis: Issue 1: Sufficiency of evidence There was sufficient evidence to convict Miley of statutory rape. The victim testified that Miley’s penis did penetrate her vagina, and she gave explicit detail of the incident. 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. There is evidence of difficulties between Miley and the victim not emanating from his sexual activity with her. However, her prior disagreements with him on other matters are not strong indications of falsehood about sexual intercourse with Miley, especially when coupled with the totality of the circumstances. Issue 2: Prior acts The evidence of whether Miley had ever before asked the victim to don a white tee shirt and whether he had ever before had sexual relations with her was inadmissible to directly prove the crime for which he was indicted. However, the circuit court found that the evidence was more probative than prejudicial, would be helpful to the jury in defining the issues (issues such as why the girl would take off all of her clothes though not specifically instructed to do so), and was therefore admissible on the condition that the State not delve into the details of the alleged prior incidents. The circuit court’s ruling met the requirements of M.R.E. 105, 403 and 404(b).


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