Terrell v. State
| Docket Number: | 2005-KA-01183-COA Linked Case(s): 2005-KA-01183-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Statutory rape - Weight of evidence - Exclusion of evidence - M.R.E. 401 - Discovery violation - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2005 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: CONVICTION OF TWO COUNTS OF STATUTORY RAPE. SENTENCED TO TWO CONCURRENT THIRTY-YEAR SENTENCES. District Attorney: ELEANOR JOHNSON PETERSON Case Number: 03-5021 |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Terrell a/k/a John B. Terrell |
MINOR F. BUCHANAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JACOB RAY |
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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: | Statutory rape - Weight of evidence - Exclusion of evidence - M.R.E. 401 - Discovery violation - Ineffective assistance of counsel |
| Summary of the Facts: | John Terrell was convicted of two counts of statutory rape. The circuit court sentenced Terrell to two concurrent thirty-year sentences. Terrell appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Terrell argues that the verdict was against the overwhelming weight of the evidence. He attacks the credibility of some of the State’s witnesses. Terrell’s personal view of witness credibility is irrelevant. Matters regarding the credibility and weight to be accorded the evidence are to be resolved by the jury. The victim testified that she was younger than fourteen when Terrell had sex with her on several occasions. The victim’s mother testified that she saw Terrell rape the victim several times. An investigator testified that Terrell admitted that he had sex with the victim. Considering this evidence, the circuit court did not abuse its discretion when it overruled Terrell’s motion for a new trial. Issue 2: Exclusion of evidence Terrell argues that the circuit court erred when it sustained, in part, the State’s motion to exclude four witnesses because Terrell had not provided notice in a timely manner. The circuit court stated that it would revisit the issue of whether Terrell’s four potential witnesses would be allowed to testify as rebuttal witnesses in the event that the State presented evidence that Terrell held the victim’s mother and her family against their will. However, Terrell never attempted to call those witnesses to give the circuit court the opportunity to revisit the issue. Terrell also argues that the court erred in excluding two audio cassette recordings. The court found that the tapes were irrelevant to the charge against Terrell. Supposedly, the tapes indicated that another man committed statutory rape against Jean. Under M.R.E. 401, relevant evidence is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Whether another man committed statutory rape against Jean does not make it more or less probable as to whether Terrell committed statutory rape against her. Issue 3: Discovery violation Terrell argues that the court erred in overruling his motion to exclude as a witness the investigator present when Terrell gave a written statement. The court did not abuse its discretion when it overruled Terrell’s ore tenus motion in limine. For one, the record shows that the investigator’s involvement was identified during a preliminary hearing. Additionally, the investigator merely testified to matters within Terrell’s written statement, which Terrell was aware of and possessed a copy. Also, Terrell did not request a continuance. As such, Terrell waived the issue on appeal. Issue 4: Ineffective assistance of counsel Terrell may raise his ineffective assistance of counsel claim in a post-conviction relief proceeding. |
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