Bryant v. State
| Docket Number: | 2001-KA-01299-COA Linked Case(s): 2001-CT-01299-SCT ; 2001-KA-01299-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-03-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary, Forcible sexual intercourse & Sexual battery - Admission of confession - Right to counsel - Weight of evidence - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-26-2001 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: GUILTY: ONE COUNT OF BURGLARY, ONE COUNT OF FORCIBLE SEXUAL INTERCOURSE, AND ONE COUNT OF SEXUAL BATTERY. SENTENCED TO 100 YEARS IN THE CUSTODY OF MDOC AS A HABITUAL OFFENDER. District Attorney: Claiborne McDonald Case Number: 2000-K-397E |
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| Note: | Motion for rehearing filed by the appellant is denied. Griffis, J., not participating. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Lee Bryant |
REX K. JONES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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: | Burglary, Forcible sexual intercourse & Sexual battery - Admission of confession - Right to counsel - Weight of evidence - Sufficiency of evidence |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Christopher Bryant was convicted of one count of burglary, one count of forcible sexual intercourse, and one count of sexual battery. He was sentenced to a total of one hundred years to be served consecutively as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Confession Bryant argues that the confession that he gave to authorities was improperly allowed into evidence, because police denied him the opportunity to speak with his attorney, the waiver and confessions which followed were not voluntary, and the State failed to meet its burden in proving Bryant's voluntariness when it failed to produce one of the investigators as a witness. If the individual states that he wants an attorney, the interrogation must cease until an attorney is present and the individual must have an opportunity to confer with the attorney. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent. An assertion of the right means some kind of positive statement or other action that informs a reasonable person of the defendant's desire to deal with the police only through counsel. Bryant did not directly inform the police that he was asserting his constitutional right to counsel but instead directed his mother to contact his attorney which the detective overheard. A reasonable person in these circumstances would understand Bryant's intent to deal with police only through counsel. The record contains no evidence of police questioning from the time Bryant made the statement to his mother as he was leaving his residence until he confessed at the police station. In fact, Bryant admitted that he was informed of his attorney’s withdrawal prior to supplying his confession. Therefore, the conduct of the police did not constitute interrogation of Bryant at the time of his offered confession. Bryant's statement that he wanted to talk at that point was at his own initiative, and his confession was voluntary. Bryant also argues that his confession was involuntary due to the influence of narcotics. However, the detective, a former narcotics officer, testified at both the suppression hearing and at trial that Bryant did not appear to be under the influence of drugs or alcohol. A prima facie case of voluntariness is made from testimony by an officer or others with knowledge of the facts, that the confession was made without threats, coercion, or offer of reward. Here, the detective testified extensively regarding the voluntariness of Bryant's confession. Issue 2: Weight of evidence Bryant argues that the verdict is against the overwhelming weight of the evidence, because of the absence of investigation of other suspects, alleged discrepancies in the victim's identification testimony, the lack of physical evidence in the case, and the vagueness of Bryant's confession cumulatively amount to reasonable doubt. The State is not obligated to present proof of the breadth of its investigation. The victim’s identification concerns the credibility and weight of the evidence, the evaluation of which is within the province of the jury. There was physical evidence admitted including Bryant's clothing obtained after his consent to the police search which matched the victim's physical description of her assailant and the identification by the victim of Bryant as her attacker. This evidence is sufficient to support the verdict. Issue 3: Sufficiency of evidence Bryant argues that he is entitled to a directed verdict on the charge of forcible sexual intercourse due to the prosecution's failure to prove each element of the crime. The victim consistently stated to authorities, to her treating physician, and in her testimony at trial that Bryant penetrated her. In addition, Bryant, in his confession, admitted to rape. |
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