300 So.3d 550
Miss. Ct. App.2020Background:
- Bobby (Bobbie) Wade Butler was indicted on two counts of sexual battery and two counts of fondling for sexual abuse of his daughter R.B.; a jury convicted him and sentenced him to 55 years.
- R.B. testified the abuse began when she was 12 and continued through age 15: digital penetration, attempts to force her hand to his penis, holes cut in her pants and the bathroom wall, secret recording, and placing his bare penis on victims’ legs.
- Two other girls (K.M. and M.I.) testified to similar nighttime sexual contact by Butler on separate occasions; K.M. sent contemporaneous texts reporting the incident.
- Physical corroboration included R.B.’s punctured pants, photos of holes in the bathroom wall, homeowner testimony that holes were created after Butler moved in, cigarette evidence near the hole, police and DHS investigator corroboration.
- At trial the court admitted K.M. and M.I.’s testimony under MRE 404(b) with a limiting instruction; Butler did not contemporaneously object to that testimony on the record.
- On appeal Butler argued (1) admission of other-acts testimony violated MRE 403 and 404 and (2) the verdict was against the overwhelming weight of the evidence; the Court of Appeals affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of other-acts testimony (MRE 404(b) / 403) | Testimony from K.M. and M.I. was admissible to show motive, common scheme/plan, intent and absence of mistake; probative value outweighed prejudice; limiting instruction was given; Butler waived objections by agreeing to the order. | Testimony was improper character/propensity evidence, unduly prejudicial under Rule 403; discovery/confrontation rights impaired; unfair to force defense to contest multiple factual scenarios. | Affirmed. Butler waived many objections; testimony admissible under 404(b) to show motive and common scheme because of substantial similarities; probative value not substantially outweighed by prejudice under Rule 403; limiting instruction given. |
| Weight/sufficiency of the evidence (motion for new trial) | State: victim’s testimony, corroborating physical evidence and other witnesses supported conviction; victim’s uncorroborated testimony may alone suffice when not discredited. | Butler: his testimony contradicted R.B.; R.B. was sole direct witness to her abuse; verdict against overwhelming weight. | Affirmed. Issue procedurally barred for failing to move for new trial; on merits the jury’s credibility determinations stand and evidence (physical items, texts, other witnesses) corroborates R.B.; no unconscionable injustice. |
Key Cases Cited
- Young v. State, 106 So. 3d 775 (Miss. 2012) (prior/other sexual misconduct admissible to show motive and common scheme)
- Boggs v. State, 118 So. 3d 515 (Miss. 2016) (striking resemblance among incidents supports admissibility under Rule 404(b))
- Gore v. State, 37 So. 3d 1178 (Miss. 2010) (admissibility where prior acts bear substantial resemblance to charged offense)
- Green v. State, 89 So. 3d 543 (Miss. 2012) (similar-facts analysis for common-scheme evidence)
- Dubose v. State, 320 So. 2d 773 (Miss. 1975) (victim’s uncorroborated testimony can support conviction if not discredited)
- Clemons v. State, 460 So. 2d 835 (Miss. 1984) (discusses sufficiency and corroboration principles in sexual-assault cases)
- Harvard v. State, 928 So. 2d 771 (Miss. 2006) (issues not objected to at trial are waived on appeal)
- Corrothers v. State, 148 So. 3d 278 (Miss. 2014) (trial court’s admissibility decisions reviewed for abuse of discretion)