Redmond v. State
| Docket Number: | 2009-KA-01419-SCT Linked Case(s): 2009-KA-01419-SCT ; 2009-KA-01419-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-02-2011 Opinion Author: Lamar, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Statutory rape - Tender years’ exception - M.R.E. 803(25) - Motion to suppress Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-16-2008 Appealed from: Hinds County Circuit Court Judge: L. Breland Hilburn Disposition: Convicted of statutory rape of a twelve-year-old girl and sentenced to life in the custody of the Mississippi Department of Corrections District Attorney: Robert Shuler Smith Case Number: 5-260 01/02 CA |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gregory L. Redmond |
OFFICE OF INDIGENT APPEALS: HUNTER N. AIKENS, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA H. TEDDER |
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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 - Tender years’ exception - M.R.E. 803(25) - Motion to suppress |
| Summary of the Facts: | Gregory Redmond was convicted of statutory rape and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Tender years’ exception Pursuant to M.R.E. 803(25), there is a rebuttable presumption that a child under the age of twelve is of tender years. No presumption exists if the child is twelve or older. If the court finds that the declarant is of tender years, then it must still rule on the 803(25)(a) and (b) factors before admitting the testimony. The trial court also should make an on-the-record finding of substantial indicia of reliability. Redmond generally argues that the trial court erred in allowing into evidence hearsay statements under the tender-years exception and that the court failed to make any of the required on-the-record findings. At trial, Redmond did not object based on the court’s failure to state on the record that the victim was a child of tender years or that the testimony failed to show substantial indicia of reliability, arguments that he now asserts for the first time on appeal. Furthermore, Redmond failed to object (pretrial or at trial) to the taped forensic interview published to the jury. In fact, he agreed that the jury could see an edited version of the taped interview. Therefore, his arguments are procedurally barred. Issue 2: Motion to suppress The State has the burden to prove that a confession is voluntary. The State makes out a prima facie case by presenting the testimony of an officer or any person with knowledge of facts concerning the statement. If the accused offers testimony or evidence to the contrary, the State must offer the testimony of all the officers who witnessed the confession. Redmond argues that the trial court abused its discretion in denying his motion to suppress, because he was not provided his Miranda rights until after he had provided the statement. The trial court held a hearing on Redmond’s motion to suppress and heard testimony from the two officers who were present during Redmond’s statement. The two officers testified that Redmond was provided and waived his Miranda rights prior to any custodial interrogation. Redmond failed to provide any evidence or testimony in rebuttal to the officers’ testimony. Thus, the record supports a finding that Redmond knowingly, voluntarily, and intelligently waived his Miranda rights prior to providing a statement. |
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