111 So. 3d 114
Miss. Ct. App.2013Background
- Dunn was convicted by a jury in Tallahatchie County Circuit Court of enticement of a child for engaging in sexually explicit conduct; sentence was 10 years to serve, plus 10 years post-release supervision, with five years on reporting and five on non-reporting, plus a $50,000 fine and $1,000 to the Mississippi Children’s Trust Fund.
- Dunn challenged the trial court’s denial of his motion in limine to exclude Tammy’s testimony about L.B.’s report and the trial court’s denial of JNOV.
- L.B., age 12, testified a man offered him $4 to perform a sexual act; he reported to his mother Tammy, who then helped locate Dunn’s van; incident occurred in Charleston, Mississippi.
- Police found the van owned by Dunn and his wife, and L.B. identified Dunn in a lineup.
- The appellate court upheld the admission of Tammy’s excited-utterance testimony, rejected Dunn’s JNOV argument, and affirmed the conviction and sentence; the standard of review for sufficiency of the evidence was applied in favor of the State.
- Evidence viewed in the light most favorable to the State showed a single perpetrator identifiable by victim and mother, and the jury credibility determinations were affirmed; the conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Tammy’s testimony | Dunn argues Tammy’s testimony about L.B.’s report should have been excluded | Tammy’s testimony is admissible under excited-utterance or present-sense-impression exceptions | Admissible; no abuse of discretion |
| Sufficiency of the evidence for conviction | Evidence was too conflicting to prove guilt beyond a reasonable doubt | Jury could credit L.B.’s testimony over Dunn’s and wife’s accounts | Evidence legally sufficient; conviction affirmed |
Key Cases Cited
- Catchings v. State, 39 So.3d 943 (Miss.Ct.App.2009) (abuse-of-discretion standard for evidentiary ruling)
- Williams v. State, 991 So.2d 593 (Miss.2008) (standard for admission of evidence)
- Knight v. State, 601 So.2d 403 (Miss.1992) (present-sense-impression exception discussed)
- Bush v. State, 895 So.2d 836 (Miss.2005) (standard for sufficiency of the evidence)
- Davis v. State, 866 So.2d 1107 (Miss.Ct.App.2003) (credibility and conflict resolution by jury)