Campbell v. State
125 So. 3d 58
| Miss. Ct. App. | 2012Background
- Campbell was convicted of fondling a minor under Mississippi law (97-5-23(2)); appeal argued insufficient proof of a position of trust/authority.
- Lauren, age 16, resided in Millcreek custody with DHS; Campbell and Kitty Campbell housed her while foster-care placement was being processed.
- State alleged Campbell was in a position of trust as Lauren’s foster parent, but evidence did not prove licensed foster status.
- Trial evidenced Lauren’s reports of abuse and witnesses’ observations, yet no clear proof of Campbell’s control over Lauren’s care.
- Court reversed Campbell’s fondling conviction and rendered; other issues deemed unnecessary to address.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient proof Campbell held a position of trust/authority over Lauren? | Campbell as Lauren’s foster parent implied trust. | DHS custody and lack of licensed foster status negate trust. | No sufficient evidence of a trust/authority position. |
| Did the State prove Campbell was Lauren's foster parent or equivalent control? | State argued de facto foster status. | No licensed foster placement and DHS evidence contradicts foster role. | Not proven; not a recognized position of trust. |
| Did the State prove age/elemental culpability tied to trust status? | Lauren’s age (16–18) accompanied by trust status. | Age proven but trust status lacking. | Age element not satisfied with lack of trust element. |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency of evidence and directed verdict standard)
- Blackmon v. State, 803 So.2d 1253 (Miss.Ct.App.2002) (continuous position of trust and authority; control of care doctrine)