119 So. 3d 1079
Miss. Ct. App.2013Background
- Far-rah, a six-year-old, alleged sexual contact by her uncle Dennis Brown during a visit to his grandmother’s house.
- DNA from a rape kit matched Brown; Far-rah was interviewed and described touching her between the legs and viewing nude photos.
- Brown was convicted at trial of fondling under Miss. Code Ann. §97-5-23(1) and dissemination of sexually oriented material under §97-5-27.
- Sentences: life without parole for fondling and six months for dissemination, to be served concurrently, as a habitual offender.
- On appeal Brown challenges (a) suppression ruling on a bedroom search, (b) tender-years hearsay evidence, and (c) habitual-offender status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the bedroom-search seizure valid given consent by a third party? | Brown contends Willis lacked authority to consent. | State claims Willis had consent as a co-resident with common authority. | Denial of suppression affirmed; consent supported by credible evidence. |
| Did the tender-years exception properly admit Farrah’s statements? | Reliability fails; interviewer used leading questions, possible coaching. | Court properly applied Wright factors; Farrah’s age and spontaneity support reliability. | Admission under tender-years exception upheld; no abuse of discretion. |
| Were Brown’s habitual-offender status and related sentences proper despite revocation timing issues? | Revocation timing could render prior conviction invalid for habitual status. | Revocations timely; prior convictions valid for habitual-offender status. | Habitual-offender status valid; sentences affirmed. |
Key Cases Cited
- Gazaway v. State, 708 So.2d 1385 (Miss.Ct.App.1998) (consent to search principle and exceptions)
- Brown v. State, 358 So.2d 1005 (Miss.1978) (common authority for third-party searches)
- Moore v. State, 933 So.2d 910 (Miss.2006) (standard for reviewing suppression rulings)
- Floyd v. City of Crystal Springs, 749 So.2d 110 (Miss.1999) (abuse of discretion in evidentiary rulings)
- Grimes v. State, 1 So.3d 951 (Miss.Ct.App.2009) (tender-years reliability factors)
- Idaho v. Wright, 497 U.S. 805 (1990) (reliability factors for child statements)