Farrish v. State
| Docket Number: | 2004-CA-01791-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-07-2006 Opinion Author: Barnes, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Newly discovered evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ. Non Participating Judge(s): Southwick, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-06-2004 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2003-0687 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Paul A. Farrish |
CARROLL RHODES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Post-conviction relief - Newly discovered evidence |
| Summary of the Facts: | Paul Farrish was convicted of statutory rape and sentenced to twenty years with five years suspended. The Court of Appeals affirmed Farrish’s conviction and sentence. After Farrish’s conviction and sentence were affirmed, his accuser recanted her trial testimony in an affidavit in which she stated that she did not have sex with Farrish. Based on this affidavit, the Mississippi Supreme Court granted Farrish the right to file his petition for post-conviction relief in the circuit court. Farrish filed his petition for post-conviction relief. At the evidentiary hearing on the petition for post-conviction relief, the victim testified that she had in fact had sex with Farrish. The court denied his petition, and Farrish appeals. |
| Summary of Opinion Analysis: | The only specific evidence that the rape occurred is the testimony of the victim. The totally uncorroborated testimony of a victim is sufficient to support a guilty verdict where the testimony is not discredited or contradicted by other evidence. After the trial and appeal, the victim gave affidavits under oath as to two different versions of the facts. In one version, she testified that she did not have sex with Paul Farrish. In the other version and at the hearing, she testified that she did have sex with Paul Farrish. The circuit court was able to assess firsthand the credibility of the witness and did not abuse its discretion in denying the motion for post-conviction relief. |
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