Ben v. State
95 So. 3d 1236
| Miss. | 2012Background
- Cecil Ben was convicted of rape and sentenced to life imprisonment in Leake County Circuit Court.
- Monica, 18, testified Ben assaulted her on a Choctaw Transit Authority bus after an October 3, 2007 ride.
- Ben overpowered Monica, pulled down her clothing, and allegedly penetrated her; he discarded towels with semen evidence.
- DNA testing on the towel, Monica’s clothing, and Ben’s blood was conducted by Orchid Cellmark; results supported a DNA mixture.
- Ben was arrested October 19, 2007, posted bail November 5, 2007, and trial began May 11, 2009, totaling over 18 months' delay.
- Court of Appeals affirmed the conviction; Mississippi Supreme Court affirmed subissues and upheld the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation under Barker factors | Ben argues delay was prejudicial and caused injustice | State delayed due to DNA testing; some witnesses memory faded | Not violated; Barker factors weighed against Ben overall |
| Discovery violation regarding Otis Mingo testimony | State failed to disclose Mingo’s substance of testimony | Ben was prejudiced, not allowed time to interview | Harmless error; no reversible prejudice |
| Admission of Maurice Hines testimony | Hines’s hearsay was improperly admitted | Hines’s testimony rehabilitated Monica’s credibility | Not error; admissible as rehabilitation under Rule 801(d)(1)(B) or for non-hearsay purpose |
| Nurse Hockett’s comment on Monica’s veracity | Comment improperly suggested veracity | Issue procedurally barred; no plain error | Procedurally barred; no plain-error review warranted |
| Weight and sufficiency of the evidence | Evidence uncorroborated and inconsistent; doubt on force | Paper towels and other facts corroborated the victim’s account | Sufficient evidence supports conviction; not against the weight of the evidence |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial test; no factor dispositive; balancing required)
- McBride v. State, 61 So.3d 138 (Miss. 2011) (applies Barker balancing; tests delays and prejudice)
- State v. Woodall, 801 So.2d 678 (Miss. 2001) (delay caused by state instrumentality weighed against State but modestly)
- Adams v. State, 583 So.2d 165 (Miss. 1991) (failure to demand speedy trial weighed against defendant; special circumstances may alter weight)
- Perry v. State, 637 So.2d 871 (Miss. 1994) (continuance and timing impact Barker factors)
- Box v. State, 437 So.2d 19 (Miss. 1983) (discovery procedures to prevent ambush at trial)