Wright v. State
| Docket Number: | 2002-KA-00703-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sexual battery - Weight of evidence - Hearsay - M.R.E. 803(25) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-30-2001 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: SEXUAL BATTERY - SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: John Richard Young Case Number: CR00-430(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Russell Lee ( Rusty) Wright |
WILLIAM C. STENNETT |
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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 - Weight of evidence - Hearsay - M.R.E. 803(25) |
| Summary of the Facts: | Russell Wright was convicted of sexual battery and sentenced to serve twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Wright argues that the verdict was against the overwhelming weight of the evidence, because the physical evidence did not support the conviction and the victim's testimony on cross-examination changed regarding the number of times the alleged touching took place. The uncorroborated testimony of a victim is sufficient to support a guilty verdict where that testimony is not discredited or contradicted by other evidence. Therefore, Wright's conviction does not depend on any medical or physical evidence. In addition, the victim's testimony was corroborated by her mother, the counselor from the Department of Human Services, a law enforcement officer, and a doctor. There is sufficient evidence to support the verdict. Issue 2: Hearsay Wright argues that the court erred in allowing hearsay evidence including statements made by the child victim. The court did conduct a hearing outside the presence of the jury with regard to the victim and each witness that would be testifying under M.R.E. 803(25) and made extensive findings of fact and conclusions of law. Since the judge followed the proper procedure, he did not abuse his discretion in admitting the statements. |
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