Dwight Nelson v. State of Mississippi
222 So. 3d 318
| Miss. Ct. App. | 2017Background
- Victim J.S., age 10 at disclosure, reported repeated sexual abuse by her relative Dwight Nelson (aka "Peter") beginning when she was about 6–7 and continuing until around late 2013.
- Forensic interview, nurse-practitioner exam, and victim testimony described digital/penile contact and lubrication; physical exam showed no tearing or torn hymen.
- Nelson was indicted for sexual battery (Count I) and touching a child for lustful purposes (Count II).
- At trial the State called the victim, her mother, a nurse practitioner (sexual-assault examiner), and a forensic interviewer; Nelson presented family members as alibi/exculpatory witnesses.
- Jury convicted on both counts; Nelson received life for sexual battery and ten years for touching a child, to run consecutively without parole/probation/early release.
- On appeal Nelson raised claims including ineffective assistance, insufficiency/weight of evidence, defective indictment dates, hearsay/tender-years admission, expert admissibility (Daubert), jury instruction, JNOV/directed verdict, and excessive sentence; the Court of Appeals affirmed.
Issues
| Issue | Nelson's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Trial counsel failed to object, investigate medical/alibi evidence, or present medical records/witnesses | Counsel’s choices were trial strategy; record does not affirmatively show constitutional ineffectiveness | No ineffective assistance shown on record; issue left for postconviction if desired |
| Motion for new trial (weight of evidence) | Verdict against overwhelming weight of evidence; alibi/incapacity evidence (back surgery) | Victim and experts’ testimony supported verdict; cross-examination occurred | Denial of new trial affirmed — verdict not unconscionably against weight of evidence |
| Sufficiency of indictment (dates) | Indictment lacked specific dates so defense prejudiced | Specific date not required in child-sex-abuse cases if defendant fully apprised of charge | Indictment adequate; lack of specific dates did not prejudice Nelson |
| Tender-years hearsay admission (MRE 803(25)) | Victim’s inconsistent timing undermines reliability of out-of-court statements | Court conducted hearing and found child of tender years and statements sufficiently reliable | Admission of nurse-practitioner and forensic-interviewer testimony not an abuse of discretion |
| Expert testimony / Daubert challenge | State’s experts not shown to meet Daubert reliability standards | Experts were qualified; Nelson made no contemporaneous Daubert objection | No plain-error reversal; expert testimony properly admitted |
| Jury instruction S-5 (definition of "licentious") | Instruction improperly defined term for jury | Definition clarified law and was proper with related instruction | Instruction acceptable; no reversible error |
| Directed verdict / JNOV (sufficiency) | Evidence legally insufficient to support conviction | Victim, mother, and expert testimony provided proof beyond reasonable doubt | Denial of directed verdict/JNOV affirmed; evidence sufficient |
| Excessive sentence | Sentence excessive and violative of rights | No contemporaneous objection at sentencing; procedure bars appeal on this ground | Issue procedurally barred on appeal; sentence affirmed |
Key Cases Cited
- Jackson v. State, 73 So. 3d 1176 (Miss. Ct. App.) (ineffective-assistance standard application on appeal)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Webb v. State, 113 So. 3d 592 (Miss. Ct. App.) (tender-years and appellate review of ineffectiveness claims)
- Collins v. State, 70 So. 3d 1144 (Miss. Ct. App.) (ineffective-assistance preservation and postconviction guidance)
- Hancock v. State, 964 So. 2d 1167 (Miss. Ct. App.) (trial strategy decisions are not per se ineffective assistance)
- Brown v. State, 983 So. 2d 1059 (Miss. Ct. App.) (date specificity in child-sex-abuse indictments)
- Eakes v. State, 665 So. 2d 852 (Miss.) (indictment notice and date rule in child sexual-abuse cases)
- Mason v. State, 203 So. 3d 732 (Miss. Ct. App.) (standard of review for hearsay admission)
- Williams v. State, 35 So. 3d 480 (Miss. 2010) (expert opinion must rise above speculation)
- University of Miss. Med. Ctr. v. Peacock, 972 So. 2d 619 (Miss. Ct. App.) (failure to object to expert testimony limits appellate review to plain error)
- Singleton v. State, 948 So. 2d 465 (Miss. Ct. App.) (standards for new trial and JNOV/directed verdict review)
- Hobgood v. State, 926 So. 2d 847 (Miss.) (procedural bar for sentencing issues not objected to at trial)
- Carter v. State, 996 So. 2d 112 (Miss. Ct. App.) (Daubert factors and expert admissibility)
- Mississippi Transp. Comm’n v. McLemore, 863 So. 2d 31 (Miss.) (Daubert discussion and reliability factors)
- Daubert v. Merrell Dow Pharm., 509 U.S. 579 (U.S. 1993) (federal guideposts for admissibility of expert testimony)