282 So.3d 529
Miss. Ct. App.2019Background
- On Thanksgiving 2015, 12-year-old D.D. rode a four-wheeler with her uncle, Rickie Green; she later testified Green placed his hand inside her underwear and touched her vagina.
- D.D. immediately reported the alleged touching to her father; law enforcement collected clothing and a forensic interviewer (Meredith Rawl) concluded D.D.’s statements were consistent with abuse.
- Green admitted he grabbed D.D. on the four-wheeler to steady her but denied any sexual touching.
- After a jury trial (following an earlier mistrial), Green was convicted under Miss. Code Ann. §97-5-23(2) for fondling by an authority figure and sentenced to five years (two suspended) and sex-offender registration.
- Green moved for JNOV or a new trial arguing (1) the verdict was against the overwhelming weight of the evidence and (2) a juror (Megan Taylor) failed to disclose relationships with persons connected to the case; the trial court denied relief and the denial was appealed.
Issues
| Issue | Green's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the verdict was against the overwhelming weight of the evidence | Verdict unreasonable because conviction rested on the victim’s uncorroborated testimony and lacked physical evidence | Victim’s credible, immediate report and father’s corroborating testimony suffice; jury resolves credibility | Affirmed—verdict not so contrary to overwhelming weight as to require a new trial |
| Whether juror (Megan Taylor) withheld material relationships during voir dire | Taylor failed to disclose connections (knew victim/family), creating presumed prejudice and entitlement to new trial | Taylor disclosed some ties, said relationships were not close and no prejudice shown; defendant’s counsel failed to pursue further voir dire | Affirmed—trial court found no presumed prejudice; defense counsel’s lack of further inquiry fatal; no Gladney inquiry warranted |
Key Cases Cited
- Lindsey v. State, 212 So. 3d 44 (Miss. 2017) (standard for disturbing verdict as against overwhelming weight)
- Dilworth v. State, 909 So. 2d 731 (Miss. 2005) (new-trial standard on weight-of-evidence challenges)
- Gladney v. Clarksdale Beverage Co., 625 So. 2d 407 (Miss. 1993) (post-trial inquiry limited to extraneous influence on jury verdict)
- Doss v. State, 882 So. 2d 176 (Miss. 2004) (framework for juror nondisclosure on voir dire and determining prejudice)
- Odom v. State, 355 So. 2d 1381 (Miss. 1978) (new trial required where juror failed to disclose material relationship giving cause for challenge)
- Merchant v. Forest Family Practice Clinic P.A., 67 So. 3d 747 (Miss. 2011) (presumption of prejudice where juror withheld substantial information that would have supported challenge for cause)