184 So. 3d 977
Miss. Ct. App.2015Background
- Eugene Washington (appellant) convicted of six sex-offense counts involving his stepdaughter Abby and one count for failure to register as a sex offender; sentences: life on several counts, plus additional consecutive terms and a $5,000 fine.
- Alleged offenses occurred over ~6 months, ending on the victim’s 13th birthday; primary evidence was the victim’s detailed testimony and a nurse-practitioner’s report relaying the victim’s statements.
- Prosecution introduced testimony from a former stepdaughter ("Betty") under M.R.E. 404(b)/Derouen to show motive, plan, and common scheme based on prior sexual misconduct.
- Washington testified and admitted only that he failed to register after moving from Tennessee; he denied the allegations.
- Appellate counsel filed a Lindsey brief certifying no arguable issues; Washington filed a pro se brief raising claims of perjured testimony and insufficiency/weight of the evidence.
- Court conducted independent review, addressed Lindsey procedure, and affirmed convictions and sentence.
Issues
| Issue | Plaintiff's Argument (Washington) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Perjured testimony / witness credibility | Witnesses (Betty, victim’s mother) lied or contradicted themselves; prosecutor knowingly presented perjury | Testimony inconsistencies are not shown to be perjury; no contradictions that materially undermine verdict | Rejected — no showing of knowing perjury or material contradictions requiring relief |
| Sufficiency of the evidence | Medical exam showing no hymenal/anorectal injury and testimony that acts did not hurt undermines proof of penetration and elements | Medical absence of injury is not inconsistent with the alleged acts; slight or skin-to-skin penetration suffices under Mississippi law | Rejected — viewed in light most favorable to prosecution, evidence supports convictions |
| Weight of the evidence | Verdict against overwhelming weight; witnesses biased (Betty angry) and testimony conflicted | Conflicting testimony is for the jury to resolve; trial court properly weighed evidence and denied new trial | Rejected — not an exceptional case; no abuse of discretion in denying new trial |
| Adequacy of appellate representation (Lindsey brief) | Counsel’s Lindsey brief failed to raise issues; appellant’s pro se claims warrant further briefing | Counsel complied with Lindsey duties; court independently reviewed record and found no arguable issues | Rejected — Lindsey procedure satisfied; no supplemental briefing required |
Key Cases Cited
- Derouen v. State, 994 So. 2d 748 (Miss. 2008) (permitting admission of other-sex-crime evidence with limiting instruction to show motive/plan)
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedures when appellate counsel finds no arguable issues on appeal)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (Jackson standard governs sufficiency review; weight-of-the-evidence standard explained)
- Jackson v. Virginia, 443 U.S. 307 (1979) (evidence must be such that any rational trier of fact could find guilt beyond a reasonable doubt)
- Bateman v. State, 125 So. 3d 616 (Miss. 2013) (for sexual battery, skin-to-skin oral-to-genital contact can constitute penetration)
- Mitchell v. State, 990 So. 2d 584 (Miss. 2012) (404(b) evidence may be admitted whether prior acts resulted in conviction or not)