Pittman v. State
109 So. 3d 599
| Miss. Ct. App. | 2013Background
- Pittman was convicted in Marion County Circuit Court of statutory rape under Miss. Code Ann. § 97-3-65(l)(a).
- Emma, fourteen, testified she had vaginal intercourse with Pittman, her father, over about a year.
- Rebecca, Emma’s mother, witnessed sexual intercourse and provided statements to authorities.
- Emma and Rebecca gave statements to Nurse Tanga Stuart and Officer Adrien Fortenberry; the State pursued the case despite Emma and Rebecca seeking to drop charges.
- The defense objected to hearsay and the admissibility of Emma’s and Rebecca’s statements, and the court admitted related medical-records and statements.
- Pittman did not testify, and the jury returned a 15-year sentence with partial incarceration and post-release supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nurse Stuart’s hearsay statements were admissible | Pittman argues hearsay and medical-records exceptions were misapplied | Pittman claims statements lacked reliability and improper for treatment-based exception | Admission of statements affirmed; medical-records exception valid. |
| Whether Officer Fortenberry’s testimony contained inadmissible hearsay | Pittman contends hearsay during Fortenberry’s testimony should be excluded | State maintains statements were properly admitted; specifics not identified by Pittman | Claim deemed without merit; issue not preserved for reversal. |
| Whether the verdict is supported by sufficient and weight of the evidence | Emphasizes Emma’s statements and lack of corroborating physical evidence | Evidence suffices; reasonable jurors could find guilt beyond a reasonable doubt | Sufficiency and weight of evidence upheld; verdict affirmed. |
Key Cases Cited
- White v. State, 48 So.3d 454 (Miss. 2010) (abuse-of-discretion standard for admitting hearsay)
- Valmain v. State, 5 So.3d 1079 (Miss. 2009) ( Rule 803(4) extends to parent-declarant in medical context)
- Jones v. State, 606 So.2d 1051 (Miss. 1992) (two-part test for Rule 803(4) admissibility)
- Eakes v. State, 665 So.2d 852 (Miss. 1995) (statements reasonably pertinent to treatment may be admissible)
- May v. State, 460 So.2d 778 (Miss. 1984) (standard for reviewing sufficiency of the evidence)