Gray v. State
| Docket Number: | 2002-KA-00409-COA Linked Case(s): 2002-KA-00409-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-03-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Fondling a child - Voluntariness of confession Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-25-2002 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: FONDLING: THE DEFENDANT IS ORDERED TO SERVE A TERM OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE FIRST TEN YEARS TO SERVE IN FULL-TIME CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. UPON SUCCESSFUL COMPLETION OF HIS SERVICE IN FULL-TIME CUSTODY, THE REMAINING FIVE YEARS SHALL BE SUSPENDED, AND THE DEFENDANT SHALL BE PLACED ON FIVE YEARS' PROBATION. District Attorney: C. Grant Hedgepeth Case Number: 99-63-KR1 |
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| Note: | The motion for rehearing filed by the appellant is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Harry Allen Gray |
ANTHONY J. BUCKLEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | Fondling a child - Voluntariness of confession |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Harry Gray was convicted of fondling a fourteen year old girl, and he appeals. |
| Summary of Opinion Analysis: | Gray argues that the court erred in refusing to suppress his confession as involuntary, since it was the product of police coercion and implied promises. A confession which was given voluntarily and is not the product of promises, threats, or inducements will stand. Here, the State presented evidence that Gray had been read his Miranda rights and that he did not make any statements until he signed a written waiver of his rights. In addition, the deputy testified that he made no promises, that he did not threaten Gray, nor did he in any way induce the confession. |
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