Archer v. State
118 So. 3d 612
| Miss. Ct. App. | 2012Background
- Archer was convicted of statutory rape and fondling of his daughter Abby, with sentences totaling 20 years and 4 years post-release supervision, to be served concurrently.
- Abby, twelve in 2006, testified that Archer intoxicated and coerced sexual acts, first on a secluded roadside and later at another location.
- Abby’s sisters Betty and Claire testified that Archer had sex with Abby in their presence; Archer allegedly taught them about sex.
- Abby did not disclose the abuse until 2008, after others learned of it; at trial, Abby was fifteen, Betty eighteen, and Claire twenty.
- Archer’s defense argued Abby was angry over discipline and framed him at the prompting of a relative; niece testified Abby denied the abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Archer contends evidence fails to prove elements beyond reasonable doubt. | Archer argues lack of corroboration and credibility issues undermine conviction. | Evidence sufficient to sustain convictions beyond reasonable doubt. |
| Weight of the evidence | Archer asserts verdict against weight of the evidence due to lack of physical evidence and credibility concerns. | Archer argues trial court abused discretion in denying new trial | No abuse; verdict not against the overwhelming weight of the evidence. |
| Cross-examination and impeachment | Archer claims prosecutor's cross-examination of Edwards and Little Ricky lacked factual basis and was prejudicial. | Archer argues cross-examination contained improper unsworn insinuations; plain error not warranted. | No reversible error; any improprieties were not plain error. |
| Prosecutor’s closing arguments on corroboration and silence | Archer challenges statements about Abby’s corroboration and defendant’s failure to testify. | Archer contends such comments were improper but harmless due to context and instructions. | Closing remarks deemed improper in parts but not reversible plain error; ultimately harmless. |
| Other bad acts evidence and Rule 403/404(b) | Archer objects to testimony of Betty and Claire about other rapes as other acts. | Archer argues prejudice outweighed probative value; trial court failed to make on-record Rule 403 findings. | No abuse of discretion; 403 findings not required on-record to sustain admission. |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency review standard; Jackson v. Virginia standard applied)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (due process standard for sufficiency of evidence)
- Anderson v. State, 62 So.3d 927 (Miss. 2011) (corroboration requirement when testimony is discredited)
- Poole v. State, 46 So.3d 290 (Miss. 2010) (corroboration rule; credibility issues affect sufficiency)
- Parramore v. State, 5 So.3d 1074 (Miss. 2009) (corroboration and credibility considerations on appeal)
- Withers v. State, 907 So.2d 342 (Miss. 2005) (impeachment and credibility of witnesses)
- Victory v. State, 83 So.3d 370 (Miss. 2012) (jury credibility and weight of evidence findings)
- Flowers v. State, 842 So.2d 531 (Miss. 2003) (limits on use of other bad acts and evidentiary balancing)
- Wright v. State, 958 So.2d 158 (Miss. 2007) (closing arguments and silence rules; context-specific)
- Hickson v. State, 697 So.2d 391 (Miss. 1997) (impeachment by silence; spousal privilege concerns)
- Estes v. State, 782 So.2d 1244 (Miss. 2000) (cross-examination of silence; admissibility standards)
- Powell v. State, 662 So.2d 1095 (Miss. 1995) (limits on cross-examining on prior silence)
- Smith v. State, 986 So.2d 290 (Miss. 2008) (plain error standard and harmless error analysis)
- Caston v. State, 823 So.2d 473 (Miss. 2002) (contemporaneous objections required; waiver when absent)
- Clemons v. State, 320 So.2d 368 (Miss. 1975) (jury instructions on law; proper judicial delegation)