McCullough v. State
2010 Miss. App. LEXIS 627
| Miss. Ct. App. | 2010Background
- McCullough, age 63, lived with his family on a 69-acre tract in Union County; he was a Baptist minister who sometimes cared for grandchildren.
- Jane, 16, was Jamie’s daughter from a prior relationship and Jamie’s stepdaughter; Jamie later married multiple people.
- Ashley, Brittany, Courtney, and Debra were girls who alleged sexual abuse by McCullough; Jane reported abuse beginning around age 9.
- Allegations emerged after Ashley, Cindy’s daughter, reported inappropriate touching during a trucking trip; Brittany and Courtney also claimed touching.
- McCullough was charged with seven counts of gratification of lust; trial resulted in two convictions (Jane) and five acquittals (other girls).
- During trial, the State presented interviews and recorded statements; McCullough testified denies touching and claimed prayers involved only head-touching.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence against verdicts | McCullough argues verdicts against overwhelming weight of evidence | State contends jury credibility determinations are within its exclusive province | No reversal; verdicts not against weight of evidence |
| Ineffective assistance of counsel | Attorney had a recording suggesting alleged coaching but not in record; claim not reviewable on direct appeal | Record insufficient to address; post-conviction relief required | Denied on direct appeal; may be raised in post-conviction relief |
Key Cases Cited
- Nix v. State, 8 So. 3d 141 (Miss. 2009) (weight-and-credibility of witnesses is jury’s function; reaffirmed standard of review)
- Groseclose v. State, 440 So. 2d 297 (Miss. 1983) (jurors resolve conflicts in testimony; no precise formula for factual findings)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (weight-of-evidence standard; new trial when overwhelming weight error exists)
- Dubose v. State, 22 So.3d 340 (Miss. Ct. App. 2009) (inconsistent or contradictory verdicts do not by themselves require reversal)
- Groce v. State, 440 So.2d 297 (Miss. 1983) (jurors may credit conflicting testimony; appellate cannot determine exact witness believed)