Powell v. State
2010 Miss. App. LEXIS 650
| Miss. Ct. App. | 2010Background
- Powell convicted in Copiah County Circuit Court of statutory rape of his eleven-year-old daughter, A.B., and sentenced to 30 years' imprisonment.
- A.B. stayed with her mother in Hinds County during the 2008 summer; after symptoms, medical evaluation revealed a sexually transmitted infection.
- DHS interviewed A.B., who disclosed that Powell had sexually abused her; A.B. testified Powell raped her about ten times.
- Powell admitted to prior trichomoniasis to investigators, while denying any sexual contact with A.B.; his wife testified to various defenses.
- The Court of Appeals denied rehearing and addressed four issues: weight of the evidence, jury instruction, ineffective assistance, and sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence against Powell | Powell argues the verdict against the overwhelming weight of the evidence | The State argues the jury weighed credibility and testimony appropriately | No reversible error; verdict not against the overwhelming weight of evidence |
| Jury instruction on penetration | Instruction failed to define penetration | Instruction sufficiently defined elements of statutory rape | Procedurally barred; instruction deemed adequate; meritless |
| Ineffective assistance of counsel | Counsel failed to timely request peremptory instruction, define intercourse as including penetration, renew directed verdict | Counsel’s actions fall within trial strategy; lack of prejudice shown | Arguments insufficient to show prejudice; no reversible error |
| Sentencing proportionality and procedure | Sentence exceeded proportionality limits and punished for appeal intent | Sentence within statutory limits, discretionary, not proportionally excessive | Proportionality and procedural bars apply; no merit to challenge; sentence affirmed |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (weight-of-the-evidence standard; preference for trial credibility determinations)
- Nix v. State, 8 So.3d 141 (Miss. 2009) (jury weighs conflicting testimony; credibility)
- Gray v. State, 728 So.2d 36 (Miss. 1998) (jury instruction on penetration sufficiency)
- Wright v. State, 577 So.2d 387 (Miss. 1991) (appeal rights advisement during sentencing)
- Hoops v. State, 681 So.2d 521 (Miss. 1996) (proportionality review limits; within statutory maximum)