Frank Thomas Friday v. State of Mississippi, 217 So. 3d 759

Defendant Frank Friday, the victims' stepfather, was indicted on seven counts after two daughters reported sexual abuse; one daughter (Betty) was 12 at the time.
Forensic testing of Betty’s sexual-assault kit found seminal fluid; DNA from Friday’s cheek swab matched the kit profile (probability of non-match > 10 billion).
At trial both girls testified; Abby (older) also recanted at times but ultimately corroborated abuse observations; Betty gave detailed accounts of fondling and sexual battery.
Friday testified and denied the abuse, suggesting his DNA could be present because he slept naked and had nocturnal emissions.
A DeSoto County jury convicted Friday on multiple counts (sexual battery and fondling); sentences run mostly concurrently with one consecutive term.
On appeal Friday challenged (1) the trial court’s denial of funding for an independent DNA expert and (2) the absence of a tender-years hearing prior to admission of child hearsay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of funds for independent DNA expert	State: trial court did not need to fund expert absent substantial need	Friday: denial deprived fair trial; needed independent verification of lab results	Court affirmed: no abuse of discretion; defense cross-examined State’s DNA expert, no challenge to lab, and other strong evidence existed
Admission of child hearsay without tender-years hearing	State: hearsay admissible; statements corroborated by testimony and DNA	Friday: court should have held Rule 803(25) hearing for 12- and 14-year-old declarants	Error acknowledged but harmless: Betty testified and DNA plus other evidence made error non-prejudicial

Barksdale v. State, 176 So. 3d 108 (Miss. Ct. App. 2015) (expert-funding inquiry is fact-specific)
Lowe v. State, 127 So. 3d 178 (Miss. 2013) (indigent defendant must show substantial need for publicly funded expert)
Richardson v. State, 767 So. 2d 195 (Miss. 2000) (defendant must demonstrate substantial need to justify public funds for expert)
Townsend v. State, 847 So. 2d 825 (Miss. 2003) (factors for expert-funding review: access to State experts, cross-examination opportunity, competence of State experts)
Fisher v. City of Eupora, 587 So. 2d 878 (Miss. 1991) (related guidance on expert assistance and fairness)
Ellis v. State, 989 So. 2d 958 (Miss. Ct. App. 2008) (denial of funds for independent DNA expert not abuse where defendant showed no specific need)
Veasley v. State, 735 So. 2d 432 (Miss. 1999) (tender-years exception framework and presumption for children under 12)
Klauk v. State, 940 So. 2d 954 (Miss. Ct. App. 2006) (child's age at statement is controlling for tender-years analysis)
Nunnery v. State, 126 So. 3d 105 (Miss. Ct. App. 2013) (failure to conduct tender-years hearing is error but may be harmless given weight of evidence)
White v. State, 48 So. 3d 454 (Miss. 2010) (standard of review for hearsay admission is abuse of discretion)