Bridgeman v. State
58 So. 3d 1208
| Miss. Ct. App. | 2010Background
- Bridgeman, the natural father of L.H.'s half-siblings, was convicted by a Madison County jury of two counts of statutory rape based on L.H.'s testimony.
- L.H. was eight at the time of the relevant statements and testified at trial when she was eleven.
- The circuit court admitted L.H.'s out-of-court statements to DHS employee Jackson, Canton Elementary principal Poe, and police investigator Burnside under MRE 803(25) tender-years hearsay.
- Dr. Bacon testified L.H. disclosed inappropriate touching and penetration; chlamydia infection suggested sexual transmission.
- After trial, Bridgeman learned of State witness Jackson's 2001 embezzlement conviction and moved for a new trial based on newly discovered evidence.
- The trial court denied the motion and the Mississippi Court of Appeals affirmed, finding the newly discovered information impeachment-only and not likely to change the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of tender-years statements | Bridgeman argues unreliability of L.H.'s statements. | Bridgeman seeks exclusion under Rule 803(25). | Admissible under Rule 803(25) as reliable tender-years statements. |
| New trial based on newly discovered impeachment evidence | Jackson's embezzlement conviction was undisclosed and could affect credibility. | Impeachment-only evidence cannot warrant a new trial. | No new trial; impeachment evidence alone not sufficient. |
| Sufficiency and weight of the evidence | Evidence insufficient or improperly weighed to sustain convictions. | Evidence viewed in the State's favor supports guilt. | Convictions affirmed; not against the overwhelming weight of the evidence. |
Key Cases Cited
- Crawford v. United States, 541 U.S. 36 (U.S. 2004) (Confrontation Clause not violated when declarant testifies at trial)
- United States v. Owens, 484 U.S. 554 (U.S. 1988) (Admissibility of prior statements when declarant testifies with cross-examination)
- Idaho v. Wright, 497 U.S. 805 (U.S. 1990) (Factors for reliability in tender-years statements)
- Withers v. State, 907 So.2d 342 (Miss. 2005) (Tenderyears reliability framework (Miss. rule))
- Ormond v. State, 599 So.2d 951 (Miss. 1992) (Post-trial impeachment evidence generally not grounds for new trial)
- Brad v. Maryland, 373 U.S. 83 (U.S. 1963) (Brady duty to disclose favorable evidence; impeachment evidence limited impact)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) (Impeachment evidence as Brady material)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (Materiality in newly discovered evidence analysis)
- Ormond v. State, 599 So.2d 951 (Miss. 1992) (Ormond principle on impeachment evidence and new trial standard)