Green v. State, 89 So. 3d 543

Green was convicted at trial of two counts of sexual battery and two counts of touching a child for lustful purposes involving his stepdaughter D.W., a ten-year-old at the time of the offenses.
The State introduced the audio-visual forensic interview of D.W. and in-court testimony identifying Green as the perpetrator.
The State admitted testimony from four other female relatives (M.S., K.M.H., A.R., P.B.) about similar prior sexual misconduct by Green, under Rule 404(b).
The circuit court conducted Rule 404(b) and Rule 403 analysis and gave limiting instructions after the prior-bad-acts testimony.
Green challenged the admissibility of the other-offenses evidence and the handling of Rule 803(25) (tender years) issues, among others, on appeal; the convictions and sentences were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of other-sexual-offense evidence under Rule 404(b)	State contends evidence shows a common plan and pattern.	Green contends the 404(b) evidence was not properly categorized and overly prejudicial.	Admission upheld under 404(b) with 403 filtering and proper limiting instructions.
Applicability of Rule 803(25) tender years exception	State relies on tender-years exception as reliability basis for hearsay statements.	Green argues hearing was not properly conducted and testimony should be excluded.	Issue procedurally barred for some witnesses; 803(25) argument barred or unpreserved for others; no reversal based on this point.
Exclusion of defense evidence (Dakota’s testimony)	N/A	Dakota’s proffer lacked proper record and foundation; exclusion proper.	Procedurally barred; not properly preserved for review.
Jury verdict vs. weight of the evidence	Weight of the evidence supports guilt given D.W.’s testimony and corroborating records.	Verdict undermined by prejudicial 404(b) testimony.	Not against the overwhelming weight of the evidence; no new trial warranted.

Derouen v. State, 994 So.2d 748 (Miss. 2008) (framework for admissibility of Rule 404(b) evidence with Rule 403 filtering and limiting instructions)
Gore v. State, 37 So.3d 1178 (Miss. 2010) (admissibility of similar-acts evidence under Rule 404(b) with balancing under Rule 403)
Driggers v. State, 554 So.2d 720 (La. Ct. App. 1989) (illustrates similarity-based admissibility for noncharacter purposes)
Sabin v. People, 614 N.W.2d 899 (Mich. 2000) (plan/scheme theory under 404(b) for prior acts; necessity of similarity)
Fisher v. State, 532 So.2d 992 (Miss. 1988) (precedent on noncharacter purposes under 404(b))