198 So. 3d 400
Miss. Ct. App.2016Background
- Grant was convicted by a Rankin County jury of two counts of sexual battery involving N.M., who was fourteen at the time.
- N.M. described escalating touching and sexual acts by Grant, who was thirty-one when events occurred.
- Evidence included nurse’s testimony about N.M.’s statements during a medical examination.
- Grant challenges hearsay, prejudicial cross-examination about his prior girlfriends, sufficiency/weight of evidence, and a posttrial recantation.
- Court affirms judgment, holding no abuse of discretion or merit in challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of nurse’s hearsay | Grant asserts inadmissible hearsay about statements. | State relied on medical-diagnosis/treatment exception under M.R.E. 803(4). | Court upholds admission; no abuse of discretion. |
| cross-examination about girlfriends | Questioning irrelevant and prejudicial to Grant. | Questions had probative value to credibility and alibi corroboration. | Court approves cross-examination; no reversible error. |
| sufficiency of the evidence | N.M.’s uncorroborated testimony supports conviction. | Challenge to weight/credibility and alternative theories. | Evidence legally sufficient; convictions affirmed. |
| weight of the evidence / recanted testimony | Recantation could show injustice; new trial warranted. | Recantation unreliable; denial of new trial appropriate. | No abuse of discretion; weight claim rejected. |
Key Cases Cited
- Valmain v. State, 5 So. 3d 1079 (Miss. 2009) (medical-trustworthy-notice supports nurse testimony in treatment)
- Ladnier v. State, 878 So. 2d 926 (Miss. 2004) (abuse-of-discretion standard for evidentiary rulings)
- Torrey v. State, 891 So. 2d 188 (Miss. 2004) (unwed/uncorroborated child-sex testimony sufficient)
- Bates v. State, 879 So. 2d 519 (Miss. Ct. App. 2004) (victim’s lack of consent does not negate evidence)
- Brown v. State, 796 So. 2d 223 (Miss. 2001) (jury credibility resolved conflicts in evidence)
- Edwards v. State, 797 So. 2d 1049 (Miss. Ct. App. 2001) (legal sufficiency and multi-count considerations)
- Howell v. State, 989 So. 2d 372 (Miss. 2008) (recanted testimony and new-trial standards)