Walker v. State
| Docket Number: | 2002-KA-00652-SCT Linked Case(s): 2002-KA-00652-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-27-2004 Opinion Author: Waller, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Statutory rape - Admission of towel - M.R.E. 403 - M.R.E. 901(a) - Audiotape conversations Judge(s) Concurring: Smith, C.J., Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Dissent Joined By : Cobb, P.J. Dissenting Author : Randolph, J. Dissent Joined By : Cobb, P.J., and Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-08-2002 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Appellant was convicted of statutory rape and sentenced to serve two concurrent life sentences. District Attorney: Eleanor Faye Peterson Case Number: 01-0-238 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Freddie Walker |
THOMAS M. FORTNER
PHILLIP BROADHEAD
CARL D. GORDON |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL BY: 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: | Statutory rape - Admission of towel - M.R.E. 403 - M.R.E. 901(a) - Audiotape conversations |
| Summary of the Facts: | Freddie Walker was convicted of statutory rape and sentenced to serve two concurrent life sentences. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of towel Walker argues that the court erred in admitting a towel which allegedly had Walker’s semen on it. In the prosecution of sexual offenses, evidence of prior sexual acts between the accused and the victim is admissible to show the accused’s lustful, lascivious disposition toward the particular victim, especially in circumstances where the victim is under the age of consent. Here, however, the prosecution’s failure to positively connect the semen on the towel to Walker renders the towel inadmissible. To simply admit such a towel, without employing the available scientific means for authentication, fails the unfair prejudice standard set forth in M.R.E. 403, infringed upon Walker’s right to a fair trial, and served only to bolster the testimony of the prosecution's witnesses. Furthermore, the towel was not properly authenticated under M.R.E. 901(a). The need for scientific testing is clear. First, there was testimony that at one point the child claimed to have been sexually assaulted by her older brother. Second, the sexual attacks charged in the indictments allegedly occurred in June and August 2000. However, the semen on the towel resulted from a sexual attack in August of 1999. Issue 2: Audiotape conversations Walker argues that during the trial the prosecution played several irrelevant tape recorded conversations which unfairly influenced the jury and prejudiced the defense. The prosecution is required to lay a substantial predicate before a tape recording may be received into evidence. Here, the recorded conversations, laden with sexual overtones, are clearly relevant as evidence of Walker’s disposition towards the victim. This satisfies the M.R.E. 401. As for M.R.E. 901, Walker tacitly authenticated the conversations himself. Therefore, there were properly received into evidence. |
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