Perilloux v. State
113 So. 3d 603
| Miss. Ct. App. | 2012Background
- Perilloux was indicted for three counts of fondling in November 2010, tried before a jury, convicted on all counts, and sentenced to fifteen years on each count to run concurrently.
- G.R. and A.R., minors, stayed with Judith Perilloux and Perilloux in Picayune, Mississippi during the summers; the June 2010 period is central to the alleged offenses.
- Evidence included G.R.’s testimony that Perilloux touched him in the bed, on the couch, and on a pallet; Perilloux objected at various points, and the defense rested with no witnesses.
- After trial, Perilloux timely moved for a directed verdict, which was denied; a judgment notwithstanding the verdict or a new trial motion was denied; the notice of appeal followed.
- The issues centered on (i) Rule 403 balancing for cumulative/prejudicial testimony, (ii) sufficiency/weight of the evidence to sustain the verdict, and (iii) the propriety of a prosecution-friendly jury instruction.
- The appellate court affirmed, holding no reversible error in the challenged evidentiary rulings, legal sufficiency and weight of the evidence supported the verdict, and the jury instruction was not erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 403 balancing of cumulative evidence | Perilloux contends cumulative evidence was admitted without proper balancing. | State argues trial court implicitly weighed probative value and prejudice; no magic words required. | No abuse; proper Rule 403 balancing implied. |
| Legal sufficiency of the evidence | Perilloux asserts no proof of three separate fondling incidents. | State contends testimony supports three incidents and credibility issues lie with the jury. | Evidence viewed in light favorable to the State could support three incidents. |
| Weight of the evidence / new trial | Verdict against the overwhelming weight of the evidence warrants a new trial. | State contends credibility issues do not mandate reversal; not against weight. | Verdict not against the overwhelming weight of the evidence. |
| Jury instruction on force/violence | Instruction improperly stated law and inflamed passion. | Instruction added permissive elements but did not misstate law; taken as a whole fair. | Instruction was proper when viewed in the context of all instructions. |
Key Cases Cited
- Hudson v. State, 977 So.2d 344 (Miss. Ct. App. 2007) (Rule 403 weighing discretion not rigid; no magic words required)
- Jones v. State, 904 So.2d 149 (Miss. 2001) (Rule 403 balancing principle)
- Jones v. State, 920 So.2d 465 (Miss. 2006) (non-regimental Rule 403 analysis permissible)
- Hoops v. State, 681 So.2d 521 (Miss. 1996) (implicit Rule 403 consideration suffices when argued)
- Cross v. State, 759 So.2d 354 (Miss. 1999) (victim's uncorroborated testimony can sustain guilt)
- McKinney v. State, 521 So.2d 898 (Miss. 1988) (credibility and sufficiency guidance for sex-crime cases)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for weighing evidence and jury credibility)
- Turner v. State, 478 So.2d 300 (Miss. 1985) (story coherence and evidentiary necessity)
- Collins v. State, 691 So.2d 918 (Miss. 1997) (instruction adequacy when taken as whole)
- Utz v. Running & Rolling Trucking, Inc., 32 So.3d 450 (Miss. 2010) (instruction review in context of entire charge)