Harper v. State
102 So. 3d 1154
| Miss. Ct. App. | 2012Background
- Harper was convicted in DeSoto County Circuit Court of six counts of sexual battery, two counts of fondling, and two counts of conspiracy; total 50 years imprisonment.”
- Harper moved for new trial and JNOV, both denied.
- Harper appeals on severance, tender-years hearing, co-indictee guilty-plea evidence, new-trial claim based on perjury, and cumulative error.
- Two victims, S.H. (age 8) and C.H. (age 3), were abused at Harper’s home during 1993–1994; Debra Harper (wife) and Dorothy (sister-in-law) present; Debra eventually pled guilty.
- Debra’s pleaded guilty counts and cooperation were central to Harper’s defense strategy; trial included hearsay under tender-years rule and testimony about co-indictee’s guilty pleas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether severance was required for multi-count indictment | Harper: sever counts to avoid prejudice | State: offenses within multi-count indictment proper | No abuse of discretion; severance denied; indictment proper |
| Whether tender-years hearsay required a separate hearing | Harper: tender-years exceptions not properly tested | State: records admissible under Rule 803(25) | No reversible error; weight of evidence supports conviction despite hearsay |
| Whether admission of co-indictee’s guilty pleas via Debra’s testimony was plain error | Harper: error unobjected and prejudicial | State: plain error not shown; cross-examination available | Procedurally barred; no reversible plain error |
| Whether newly discovered perjury evidence (Lafayette County) warranted a new trial | Harper: new perjury evidence could change result | State: evidence unlikely to change verdict | No probable different result; motion for new trial denied |
| Whether cumulative errors require reversal | Harper: multiple errors accumulated | No reversible errors individually; no cumulative error | No cumulative error; conviction affirmed |
Key Cases Cited
- Rushing v. State, 911 So.2d 526 (Miss. 2005) (multicount indictments; severance factors)
- Broderick v. State, 878 So.2d 103 (Miss. Ct. App. 2003) (common scheme; severance not warranted)
- Klauk v. State, 940 So.2d 954 (Miss. Ct. App. 2006) (tender-years reliability factors)
- Veasley v. State, 735 So.2d 432 (Miss. 1999) (rebuttable tender-years presumption; reliability considerations)
- Palm v. State, 724 So.2d 424 (Miss. Ct. App. 1998) (co-indictee guilty pleas and bias considerations)
- Clemons v. State, 732 So.2d 883 (Miss. 1999) (guilty-plea evidence vs. jury verdict prejudice)
- White v. State, 616 So.2d 304 (Miss. 1993) (guilty-plea evidence admissibility)
- Bridgeman v. State, 58 So.3d 1208 (Miss. Ct. App. 2010) (new-trial standard for newly discovered evidence)