Torrey v. State
| Docket Number: | 2003-KA-01931-SCT Linked Case(s): 2003-KA-01931-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-18-2004 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sexual battery - Sufficiency of evidence - Voir dire - Ineffective assistance of counsel - Habitual offender status Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Concurs in Result Only: Carlson, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-26-2003 Appealed from: Franklin County Circuit Court Judge: Forrest Johnson Disposition: Convicted of three counts of sexual battery and sentenced to 30 years for each count as a habitual offender, without parole or probation. District Attorney: Ronnie Lee Harper Case Number: 02-KR-047 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Clifton T. Torrey, Sr. |
GUS GRABLE SERMOS
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Sexual battery - Sufficiency of evidence - Voir dire - Ineffective assistance of counsel - Habitual offender status |
| Summary of the Facts: | Clifton Torrey, Sr., was convicted of three counts of sexual battery of a child under eighteen years of age. He was sentenced as a habitual offender to serve 30 years on each count to be served consecutively. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Torrey argues that the evidence was not legally sufficient, because the children's testimony was uncorroborated. The children's testimony was clear and consistent with the 3 counts of sexual battery charged against Torrey. The only evidence presented to contradict this testimony was Torrey’s testimony in which he presented a general denial of the accusations. The evidence was legally sufficient. Issue 2: Voir dire Torrey argues that the court erred to give him a proper voir dire because a juror who was the wife of a deputy sheriff was in the jury pool. Torrey's counsel challenged the juror for cause based on her being the wife of a deputy sheriff, and the court granted the challenge for cause. There is nothing more that the court or Torrey's counsel could have done. Issue 3: Ineffective assistance of counsel Torrey argues that his trial counsel offered ineffective assistance of counsel by failing to investigate any possible defense witnesses, failing to cross-examine the State's witnesses, failing to obtain one of the children's sealed records of his past history with DHS or his past juvenile records, and failing to request the child's school records. The alleged errors committed by Torrey's trial counsel are insufficient to satisfy the elements of an ineffective assistance of counsel claim. Torrey has not effectively shown any deficiency in his representation or any resulting prejudice. Issue 4: Habitual offender status Torrey argues that the court erred in holding a bifurcated hearing to amend his indictment based on his status as a habitual offender and that he should not have received the enhanced sentence as a habitual offender. However, he fails to offer any evidence to show surprise from the State's attempt to charge him as a habitual offender and to show how his defense was adversely affected by the amendment to the indictment. |
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