208 So. 3d 1091
Miss. Ct. App.2017Background
- Victim (M.W.), an eight-year-old girl, reported during a weekend visit with her grandmother that her uncle, Jason Bozeman, had repeatedly touched her inappropriately over several months.
- Bozeman lived in a camper on the same property; he was in his thirties and uncle by marriage.
- No medical or physical examination was performed; a forensic interview occurred and the interviewer testified that the child’s statements were consistent with sexual abuse.
- Bozeman was indicted on one count of fondling and two counts of sexual battery; at trial M.W. testified Bozeman touched her with hands and his genitals.
- Jury convicted Bozeman of fondling; acquitted/dismissed the two sexual-battery counts. He was sentenced to 12 years (8 to serve, 4 suspended), a $1,000 fine, and sex-offender registration; sentence to run consecutively to other sentences.
- Bozeman moved for JNOV or new trial arguing the verdict was against the overwhelming weight of the evidence due to lack of physical proof; the trial court denied relief and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict is against the overwhelming weight of the evidence | State: Child’s testimony and forensic interviewer’s corroboration suffice to support conviction | Bozeman: No physical evidence or medical exam; only the child’s statements, so conviction is against weight of evidence | Affirmed: Jury verdict not against overwhelming weight; testimonial evidence sufficient |
Key Cases Cited
- Jackson v. State, 154 So. 3d 58 (Miss. Ct. App. 2014) (matters of weight of evidence are for the jury)
- Stegall v. State, 765 So. 2d 606 (Miss. Ct. App. 2000) (jury’s role in weighing evidence)
- Hernandez v. State, 137 So. 3d 889 (Miss. Ct. App. 2013) (verdict will not be disturbed unless contrary to overwhelming weight)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for disturbing a jury verdict as against the weight)
- Derouen v. State, 994 So. 2d 748 (Miss. 2008) (absence of physical evidence in fondling cases does not preclude conviction)
- Williams v. State, 512 So. 2d 666 (Miss. 1987) (single uncorroborated witness may sustain a conviction)
- Torrey v. State, 891 So. 2d 188 (Miss. 2004) (victim’s unsupported word can support conviction if not discredited)
- Graham v. State, 812 So. 2d 1150 (Miss. Ct. App. 2002) (absence of physical evidence does not negate testimonial-based conviction)
- Sims v. State, 127 So. 3d 307 (Miss. Ct. App. 2013) (physical evidence not required for convictions of sexual offenses)