George Lee Parks v. State of Mississippi
228 So. 3d 853
| Miss. Ct. App. | 2017Background
- Defendant George L. Parks was indicted on multiple counts arising from an August 26–27, 2014 incident in which the victim, Desiree Stringer, was allegedly held, beaten, cut, sexually assaulted, and transported to a hospital; Parks was also arrested with suspected cocaine in his pocket.
- A Harrison County jury convicted Parks of two counts of sexual battery, aggravated assault, kidnapping, and possession of a controlled substance; sentencing included consecutive 30-year terms for the sexual-battery counts.
- At trial the State introduced testimony from two other women (Cannata and Adkisson) about similar prior incidents; the court admitted that evidence under Rule 404(b) for motive, intent, and modus operandi with a limiting instruction.
- Parks moved to dismiss (service/arraignment), sought new counsel, moved to suppress evidence seized after a brief warrantless safety sweep, asserted speedy-trial and public-trial violations, raised ineffective assistance and prosecutorial-misconduct claims, challenged jury instruction S-6, and sought bail pending appeal.
- The trial court denied all pretrial motions (including suppression and new-counsel requests), admitted prior-bad-acts testimony, gave the S-6 instruction (uncorroborated-sexual-victim testimony sufficient if believed), denied an appeal bond, and the Court of Appeals affirmed on all issues.
Issues
| Issue | Plaintiff's Argument (Parks) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Motion to dismiss indictment / service & arraignment timing | Indictment not personally served; arraignment not within 30 days | Record shows counsel received indictment; Parks acknowledged receiving copy and was arraigned with indictment read in open court | Affirmed — service and arraignment proper |
| Speedy-trial violation | Delay (~11 months from arrest to pretrial hearing) violated constitutional/statutory rights; pretrial incarceration and impaired defense | Delay attributable to heavy docket and Parks’ pro se motion to replace counsel; Parks never objected to initial date; no proof of prejudice | Affirmed — no speedy-trial violation |
| Motion to suppress evidence from residence safety sweep | Warrantless safety sweep unlawful; evidence (drugs, blood, knife) fruit of poisonous tree | Officers conducted brief safety sweep upon seeing Parks with fresh blood and contemporaneous report of victim; exigent circumstances justified limited sweep | Affirmed — suppression denied; safety sweep permissible |
| Admission of prior bad acts (Cannata, Adkisson) under Rule 404(b) | Testimony was improper character evidence and unduly prejudicial | Evidence offered for permissible purposes (motive, intent, modus operandi); probative value outweighed prejudice; limiting instruction given | Affirmed — admission within court’s discretion |
| Right to public trial (escort of Amber Andrews) | Friend escorted out denied Parks a public trial | Record shows Andrews created a disruption and left/was escorted out; no systematic exclusion of public | Affirmed — no public-trial violation |
| Ineffective assistance of counsel | Counsel failed to investigate or call defense witness(es) | No showing what witness would have testified to or prejudice under Strickland | Affirmed — claim fails (no deficient performance or prejudice) |
| Prosecutorial misconduct (closing) | State’s closing exceeded evidence and was inflammatory | No contemporaneous objection at trial | Not reviewed (procedurally barred) |
| Jury instruction S-6 (uncorroborated victim testimony) | Instruction improper / gave undue emphasis | S-6 properly told jury uncorroborated sexual-victim testimony may suffice if believed; did not comment on weight | Affirmed — instruction appropriate |
| Appeal bond denial | Release pending appeal should have been granted | Court found Parks a special danger to victim and community; statutory factors met for denial | Affirmed — denial not abuse of discretion |
Key Cases Cited
- Spencer v. State, 880 So. 2d 1044 (Miss. 2004) (standard of review for motion to dismiss)
- Rowsey v. State, 188 So. 3d 486 (Miss. 2015) (speedy-trial factual inquiry and deference to trial court)
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy-trial balancing test)
- Michigan v. Fisher, 558 U.S. 45 (2009) (exigent-circumstances/safety-search principles)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard)
- Welde v. State, 3 So. 3d 113 (Miss. 2009) (two-pronged Rule 404(b)/Rule 403 analysis for prior-bad-acts evidence)
- Lee v. State, 134 So. 2d 145 (Miss. 1961) (uncorroborated rape/sexual-victim testimony can suffice if believed)