Bracken v. State
| Docket Number: | 2005-KA-01423-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-10-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Attempted sexual battery - Sufficiency of evidence - Mistrial Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-01-2005 Appealed from: Lee County Circuit Court Judge: Sharion R. Aycock Disposition: CONVICTION OF ATTEMPTED SEXUAL BATTERY AND SENTENCE TO SERVE A TERM OF THIRTY YEARS, WITH FIFTEEN SUSPENDED, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND TO SERVE REMAINDER UNDER POST-RELEASE SUPERVISION. District Attorney: JOHN R. YOUNG Case Number: CR04-275 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dennis Bracken, Jr. |
WILLIAM C. BRISTOW |
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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: | Attempted sexual battery - Sufficiency of evidence - Mistrial |
| Summary of the Facts: | Dennis Bracken, Jr. was convicted of attempted sexual battery and was sentenced to thirty years, with fifteen suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Bracken argues there was insufficient evidence to support a conviction for attempted sexual battery. The jury heard testimony that the victim’s story was consistently reported to her mother, aunt, and counselors. There is sufficient evidence for a reasonable jury to conclude beyond a reasonable doubt that Bracken attempted to commit sexual battery. There was evidence he intended to penetrate the victim’s vagina with his penis. At the time of the incident, Bracken was more than two years older than the victim. The evidence also established an overt act toward committing the crime. Finally, there was evidence that Bracken failed to penetrate her. Issue 2: Mistrial Bracken argues that a juror was exposed to the extrajudicial statements and emotional outbursts of the victim’s grandmother and two aunts and that this entitled him to a mistrial. Once the jury is empaneled, all cautionary measures possible should be taken to prevent extraneous or outside influence from reaching the jury in an effort to ensure impartiality and to ensure that the accused receives a fair trial. Outside influences must be eliminated if possible and minimized otherwise or the verdict rendered is questionable and a mistrial is appropriate. The trial court did not abuse its discretion by denying the mistrial. The juror’s only role was to encourage a fellow juror to report an incident which might have affected that juror’s impartiality and there is nothing to indicate that the juror was exposed to the outside influence. |
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