Little v. State
72 So. 3d 557
Miss. Ct. App.2011Background
- Little was convicted of child molestation in February 2010 and sentenced to 15 years with 10 to serve, 5 suspended, and 5 post-release supervision.
- Little moved for JNOV or a new trial, which was denied, and he appealed alleging improper admission of a child-tender-years hearsay statement.
- Melissa, a nine- to eleven-year-old victim, gave a forensic interview in which she described acts of sexual abuse by Little in Warren and Hinds Counties.
- The State sought to admit Melissa's videotaped statements under the tender-years hearsay exception; the circuit court admitted them after outside-the-jury review.
- The Court of Appeals affirmed, holding the circuit court properly admitted the statements as having substantial indicia of reliability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Melissa's statements were properly admitted under the tender-years exception. | Little argues admission was error. | State contends statements had substantial indicia of reliability. | Admissible; court found reliability and proper application of the tender-years exception. |
Key Cases Cited
- Klauk v. State, 940 So.2d 954 (Miss.Ct.App.2006) (reliability factors for tender-years evidence; on-record finding required for substantial indicia of reliability)
- Veasley v. State, 735 So.2d 432 (Miss.1999) (presumption under twelve is tender years; age at time of statement governs)
- Elkins v. State, 918 So.2d 828 (Miss.Ct.App.2005) (on-record reliability findings not always necessary if substantial indicia exist)
- Pryer v. State, 958 So.2d 818 (Miss.Ct.App.2007) (non-spontaneity does not defeat reliability when other factors support it)
- Osborne v. State, 54 So.3d 841 (Miss.2011) (abuse of discretion standard in evidentiary rulings; reversal only if rights substantially affected)
- Austin v. State, 784 So.2d 186 (Miss.2001) (rules of evidence; evaluation of admissibility under normal standards)