Graves v. State
216 So. 3d 1152
| Miss. | 2016Background
- Victim (G.W.), age 10, testified Graves (45), a houseguest, fondled and sexually assaulted her on two occasions in July–August 2010; she disclosed to a friend who informed authorities.
- Graves was indicted on two counts of fondling and two counts of sexual battery (one later nolle prossed); tried on three counts and convicted of two fondling counts and one sexual battery count.
- Sentences: two concurrent 15-year terms for fondling and a concurrent life sentence for sexual battery; habitual-offender finding applied.
- Appellate counsel filed a Lindsey-compliant brief certifying no arguable issues; Graves filed a pro se brief raising multiple claims including indictment defects, ineffective assistance, evidentiary rulings, sufficiency/weight of evidence, prosecutorial misconduct, severance, and cumulative error.
- The Mississippi Supreme Court reviewed the record, found no arguable issues, addressed the raised claims, and affirmed convictions and sentences.
Issues
| Issue | Plaintiff's Argument (Graves) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Indictment defective | Language confusing; counts lacked specificity | Indictment tracked statutory language and gave adequate notice | No error; indictment sufficient under Rule 7.06 and precedent |
| Ineffective assistance of counsel | Shirlee Baldwin appointed a week before trial and unprepared | Record does not show deficient performance or prejudice; Baldwin rescheduled appointment to attend trial | No ineffective assistance; claim fails under Strickland test |
| Admission of prior-bad-acts / CAC video | Video admitted improperly; should have been limited to portions | Defense invited admission by offering video for impeachment; full statement admissible to avoid misleading jury | No error; invited error and full video allowed under rule of completeness |
| Tender-years hearsay admission | Hearsay statements improperly admitted | Defense did not contemporaneously object at trial | Procedurally barred for failure to object; waived on appeal |
| Sufficiency / weight of the evidence | Victim’s testimony inconsistent; other witness statements conflicting | Victim gave detailed testimony; corroborating witnesses supported State; convictions may rest on single witness testimony | Evidence sufficient; verdict not against overwhelming weight of evidence |
| Prosecutorial misconduct (closing) | Prosecutor called Graves a "pedophile" and referenced propensity and a jury instruction | Defense failed to contemporaneously object to most remarks; one objection lacked grounds and authority | Claims waived by lack of contemporaneous objection; no reversible error |
| Motion to sever counts | Multiple temporal ranges and counts made defense impossible | Counts part of a common scheme within statutory § 99-7-2; same victim, witnesses, timeframe close | Denial of severance not an abuse of discretion; counts properly joined |
| Cumulative error | Multiple alleged errors cumulatively require reversal | No individual error found to cumulate | No cumulative error; affirm convictions |
Key Cases Cited
- Lindsey v. State, 939 So.2d 743 (Miss. 2005) (procedure for appellate counsel to certify no arguable issues in appeals by indigent defendants)
- Wilcher v. State, 863 So.2d 776 (Miss. 2003) (standards for reviewing ineffective-assistance claims on direct appeal)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency and weight-of-evidence review; when to disturb verdict)
- Mixon v. State, 921 So.2d 275 (Miss. 2005) (indictment must concisely state elements; tracking statute is sufficient)