Ricky E. Roberson v. State of Mississippi
287 So. 3d 219
| Miss. Ct. App. | 2017Background
- Ricky Roberson, a Clarkdale High School teacher/softball coach, was indicted on eight counts arising from alleged sexual misconduct with three students; convicted on two counts of child exploitation (as to L.B.) and one count of gratification of lust (as to S.E.).
- Victims S.E. and L.B. testified to inappropriate touching, kissing, sexual comments, and gifts; Roberson gave oral and written statements partially admitting some contact but denying lustful intent in some instances.
- Evidence at trial included testimony concerning two alleged prior victims from the 1980s (A.M. and K.T.); A.M. did not testify but her prior statement and Roberson’s admissions about a past sexual relationship were introduced.
- Roberson raised ten issues on appeal including constructive amendment of the indictment, mens rea instructions, admission of prior-bad-act evidence, hearsay/opinion/prior-consistent statements, prosecutorial misconduct, severance, judicial comments, discovery (school-board interview notes / Brady), sufficiency/weight of evidence, and cumulative error.
- The Court of Appeals found error as to three specific evidentiary matters (prior consistent statement admission, opinion testimony on witness veracity, and irrelevant testimony about A.M.’s pregnancy/adoption) but held those errors harmless given the strength of the State’s proof; all other issues were rejected and convictions affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Roberson) | Held |
|---|---|---|---|
| Constructive amendment of indictment | Instructions tracked statutory elements; no amendment | Jury instructions omitted factual particulars from indictment; deprived notice | No constructive amendment; instructions adequate |
| Mens rea instruction | Elements instructions sufficed to show required mental state | Requested definition of "willfully" required (specific intent to violate law) | Refused request; trial court correct — definition misleading and unnecessary |
| Admission of prior-bad-act evidence (A.M., K.T.) | Admissible under MRE 404(b) to show plan, motive, intent, absence of mistake; limiting instruction given | Remoteness, factual dissimilarity, and undue prejudice | Admissible under 404(b)/403; limiting instruction adequate |
| Testimony about A.M.’s pregnancy and adoption | Cumulative and largely from defendant’s own statements; not prejudicial | Irrelevant and inflammatory; should be excluded | Evidence irrelevant but admission harmless error (defendant’s own statement already disclosed) |
| Hearsay / Confrontation Clause (A.M. statements) | A.M.’s statements were not material to charged crimes; any error harmless | Confrontation Clause violation because A.M. unavailable for cross-exam | No reversible Confrontation Clause error; harmless given other evidence and defendant’s admissions |
| Opinion testimony on witness veracity (S.W. & others) | Some testimony was permissible (consistency, perceptions); not unduly influential | Opinions about victim truthfulness improperly bolstered credibility | One witness’s statement that victim was "truthful and honest" was improper but harmless; other challenged opinion testimony not reversible |
| Prior consistent statements (rebutting motive to fabricate) | Statements were cumulative and consistent with testimony; admissible pre-motive | Statements occurred after alleged motive (pregame speech) so inadmissible to rebut fabrication | Admission of such testimony was harmless error in context of overwhelming evidence |
| Prosecutorial misconduct (closing argument, vouching, propensity) | Closing within wide latitude; not so inflammatory to warrant sua sponte action | Prosecutor vouched, argued propensity from prior acts, and made inflammatory comments | Procedurally barred for failure to object; not so extreme as to require reversal |
| Severance of counts | Offenses arose from common scheme (coach, softball team, school setting); counts properly joined | Prejudice from joinder of unrelated victims required severance | Denial of severance not an abuse of discretion; joinder proper |
| Discovery / Brady — school-board interview notes | Trial court’s in camera review found no exculpatory material; disclosure not required | Trial court erred in quashing subpoena without in camera review; notes could contain exculpatory or impeachment material | Court ordered in camera review on remand; trial court later found no Brady material and denial of new trial was harmless |
| Sufficiency/weight of evidence (Count VIII) | Testimony of S.E. and corroborating facts sufficient for a rational jury | Testimony inconsistent, uncorroborated, too weak to support guilt | Evidence legally sufficient; weight conflicts for jury; conviction affirmed |
| Cumulative error | Errors did not collectively deprive defendant of fair trial | Multiple harmless errors aggregated to prejudice | No reversible cumulative error; convictions affirmed |
Key Cases Cited
- Bishop v. State, 812 So. 2d 934 (Miss. 2002) (constructive amendment doctrine)
- Bell v. State, 725 So. 2d 836 (Miss. 1998) (variance analysis between indictment and proof)
- Westbrook v. State, 109 So. 3d 609 (Miss. Ct. App. 2014) (admission of remote prior sexual acts under Rule 404(b))
- Gore v. State, 37 So. 3d 1178 (Miss. 2010) (Rule 404(b) admissibility and remoteness)
- Young v. State, 106 So. 3d 775 (Miss. 2012) (prior acts admissible to show pedophilic motive; limiting instruction required)
- Owens v. State, 666 So. 2d 814 (Miss. 1995) (prior consistent statements admissibility requires made before motive to fabricate arose)
- Rose v. State, 556 So. 2d 728 (Miss. 1990) (improper vouching/opinion on witness credibility reversible where officer’s position could unduly influence jury)
- Renfrow v. State, 34 So. 3d 617 (Miss. Ct. App. 2009) (indictment imposing mens rea not in statute requires proof of that mens rea)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency review)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (Brady materiality standard)