Curry v. State
Docket Number: | 2004-KA-02541-COA Linked Case(s): 2004-KA02541-COA |
|
Court of Appeals: |
Opinion Link Opinion Date: 08-01-2006 Opinion Author: Ishee, J. Holding: Affirmed |
|
Additional Case Information: |
Topic: Sexual battery - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
Trial Court: |
Date of Trial Judgment: 11-30-2004 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: CONVICTED OF SEXUAL BATTERY AND SENTENCED TO TWENTY YEARS, WITH FIVE YEARS SUSPENDED, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: LAURENCE Y. MELLEN Case Number: 2004-082-CR2 |
Party Name: | Attorney Name: | |||
Appellant: | Tramaine Curry |
JOHNNIE E. WALLS |
||
Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
|
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 - Ineffective assistance of counsel |
Summary of the Facts: | Tramaine Curry was convicted of sexual battery and was sentenced to twenty years, with five years suspended. He appeals. |
Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Curry argues that the critical elements of the crime were so lacking that a reasonable jury could not have found him guilty. The State presented the testimonial evidence of the victim that Curry pulled down his pants, made her get down on her knees, and put his penis in her mouth. The victim’s brother’s version of the events was consistent with that of the victim’s. Therefore, reasonable jurors could have found Curry guilty. Issue 2: Ineffective assistance of counsel Curry argues that he received ineffective assistance of counsel because his attorney neither fully developed his defense nor properly questioned the key witnesses. Curry has not shown how the outcome of his trial would have been different. Instead, he vaguely asserts that his attorney’s performance was deficient and that he was deprived of a fair trial. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court