Redmond v. State
66 So. 3d 107
Miss.2011Background
- Redmond was convicted of statutory rape of a twelve-year-old Tracy Potts and sentenced to life in MDOC.
- Indicted under Miss. Code § 97-3-65(l)(b) for the statutory rape of Potts.
- Potts, age twelve at the incident and sixteen at trial, testified Redmond, a family friend, forced her into his home, showed a pistol, and had sexual intercourse with her.
- Potts’s mother Tammy Potts testified about Potts’s pregnancy and that Redmond was the alleged father; Tammy’s testimony corroborated Potts.
- A videotaped forensic interview of Potts at age twelve was published to the jury without objection; Potts’s testimony was corroborated by her mother.
- DNA testing showed a 99.99% probability of paternity for Redmond based on Potts’s fetus and Redmond’s blood sample.
- Redmond testified he had known Tammy Potts, claimed he was drugged, and alleged a blackmail scheme with a photo; he denied sexual contact with Potts.
- Redmond’s statement to police, in which he denied touching Potts and paternity, was admitted at trial; he did not mention the alleged blackmail scheme.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of hearsay under tender-years exception | Redmond argues trial court failed to apply Rule 803(25) and related case law. | Redmond claims no proper on-record findings of tender years or reliability. | Procedurally barred; no on-record findings shown; waiver applies. |
| Motion to suppress Redmond's statement | Redmond contends Miranda rights were not properly given before custodial interrogation. | State failed to prove voluntary, knowing waiver of Miranda rights. | Evidence supports voluntary, knowing waiver; denial of suppression affirmed. |
Key Cases Cited
- Veasley v. State, 735 So.2d 432 (Miss.1999) (tender-years age and reliability considerations for Rule 803(25))
- Gray v. State, 728 So.2d 36 (Miss.1998) (case on tender-years and reliability standards)
- Derouen v. State, 994 So.2d 748 (Miss.2008) (evidentiary standards for statements by child witnesses)
- Scott v. State, 8 So.3d 855 (Miss.2008) (application of tender-years and corroboration principles)
- Martin v. State, 854 So.2d 1004 (Miss.2003) (background on efficiency of admissibility and reliability)
- Miranda v. Arizona, 384 U.S. 436 (U.S.1966) (establishes requirement of warnings prior to custodial interrogation)