McClure v. State
| Docket Number: | 2004-KA-02477-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Sexual battery - Sufficiency of evidence - Prior bad acts - M.R.E. 404(b) - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 10-20-2004 Appealed from: Quitman County Circuit Court Judge: Kenneth L. Thomas Disposition: CONVICTED OF SEXUAL BATTERY AND SENTENCED TO ELEVEN YEARS, WITH SIX TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FIVE YEARS SUSPENDED. District Attorney: LAURENCE Y. MELLEN Case Number: 2004-0012 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Ryan McClure |
DAVID L. TISDELL |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
|
|
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. |
|
| Topic: | Sexual battery - Sufficiency of evidence - Prior bad acts - M.R.E. 404(b) - Ineffective assistance of counsel |
| Summary of the Facts: | Ryan McClure was convicted of sexual battery and was sentenced to eleven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence McClure argues that the State failed to produce evidence that he penetrated the victim by inserting his finger into her vagina or anal opening. Although the only specific evidence that the penetration occurred was from the victim, a victim’s uncorroborated testimony is sufficient to support a guilty verdict if the testimony is not contradicted or discredited by other evidence. McClure produced no evidence to discredit the victim’s testimony. Issue 2: Prior bad acts McClure argues that the court erred in admitting alleged prior bad acts of his into evidence. The specific bad acts McClure refers to are prior instances where McClure touched the victim in an inappropriate manner. Evidence of a crime or wrong other than the one for which the accused is being tried is not admissible under M.R.E. 404(b) except to show proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Furthermore, evidence of substantially similar sexual acts with the same person are properly admitted in cases of sexual battery involving small children. Therefore, the court did not err in admitting this evidence. Issue 3: Ineffective assistance of counsel McClure argues that his trial counsel was ineffective for failing to object to McClure’s statements he made to law enforcement being entered into evidence. Since these statements supported his theory of the case, there was no deficient performance. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
