Beasley v. State
2010 Miss. App. LEXIS 681
| Miss. Ct. App. | 2010Background
- In Oct. 2005, C.J., age 7, reported Beasley—his uncle who lived with his grandmother—had touched him after a TV program about child molestation.
- Beasley was often alone with C.J. at his grandmother's Ocean Springs home; he sometimes picked C.J. up from school and was alone with him “quite a bit.”
- Police executed a search warrant, seized pornographic material, and Beasley was arrested for sexual battery; he was Mirandized, waived rights, and later gave an inculpatory statement admitting fondling.
- At trial, C.J., now 10, testified with anatomical drawings identifying where Beasley touched him, including mouth contact; Beasley testified he did nothing sexual.
- Beasley was convicted of fondling and sexual battery, receiving 10 years and 25 years respectively, to run consecutively; he appealed on post-Miranda silence, juror-cry issue, and sufficiency/weight.
- The circuit court denied mistrial and preserved the verdict; the appellate court ultimately affirmed, applying harmless error and sufficiency standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Post-M Miranda silence comment prejudiced Beasley | Beasley argues Doyle violation due to initial refusal to speak | State claims context and later confession render harmless | Harmless error; no prejudice shown |
| Juror-crying during voir dire tainted panel | Beasley claims juror bias and need to strike venire | Court properly exercised discretion; no demonstrated prejudice | No abuse of discretion; no prejudice established |
| Sufficiency/weight of evidence for sexual battery | Evidence insufficient or against weight to prove penetration | Evidence, including CJ's testimony and drawings, supports penetration | Sufficient and not against the weight of the evidence |
Key Cases Cited
- Doyle v. Ohio, 426 U.S. 610 (1976) (prohibition on comments about post-Miranda silence; harmless-error review applied)
- United States v. Two Bulls, 577 F.2d 63 (8th Cir. 1978) (atypical context allowed later inculpatory statements to weigh with voluntariness)
- Martinez, 577 F.2d 960 (5th Cir. 1978) (context of refusal plus later confession can justify admission)
- Brecht v. Abrahamson, 507 U.S. 619 (1993) (harmless-error standard for constitutional errors)
- Chapman v. California, 386 U.S. 18 (1967) (harmless-error inquiry standard for non-constitutional errors)