Rogers v. State, 85 So. 3d 293

Rogers was convicted by a jury in DeSoto County of statutory rape, sexual battery, and fondling involving his twelve-year-old stepdaughter Mary.
Mary, living with her mother Margaret and Rogers, reported the September 8, 2009 incident after Margaret found them nude together.
Medical examination documented injuries consistent with sexual assault and corroboration of Mary’s testimony by Sublette, a nurse practitioner.
During trial, Mary testified to prior sexual contact and Rogers’s past sexual behavior toward Mary; Margaret corroborated Mary’s account.
Rogers was sentenced to 30 years for statutory rape, 30 years for sexual battery (concurrent), and 15 years for fondling (with partial consecutive terms and related fines/restitution).
Rogers timely appealed, challenging extensive prior-bad-acts evidence and trial counsel effectiveness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prior-bad-acts evidence admitted via cross-examination violated Rogers’s rights	Rogers argues cross-examination created unfair prejudice.	State contends evidence was within permissible scope and defense elicitation is not reversible error.	Issue rejected; elicitation by defense counsel did not require reversal.
Whether Rogers received ineffective assistance of counsel	Counsel’s handling and failure to limit prejudicial testimony prejudiced Rogers.	Counsel’s strategy and decisions were within wide professional discretion; no prejudice shown.	No deficient performance proved; ineffective-assistance claim fails.

Fleming v. State, 604 So.2d 280 (Miss.1992) (admission of evidence elicited by defense may be unreviewable on appeal)
Singleton v. State, 518 So.2d 653 (Miss.1988) (defendant cannot complain about evidence he elicited)
Davis v. State, 530 So.2d 694 (Miss.1988) (same principle as above)
Brown v. State, 534 So.2d 1019 (Miss.1988) (same principle as above)
Lewis v. State, 445 So.2d 1387 (Miss.1984) (same principle as above)
Simpson v. State, 366 So.2d 1085 (Miss.1979) (same principle as above)
Reddix v. State, 381 So.2d 999 (Miss.1980) (no error where defense elicitation is involved)
Shannon v. State, 321 So.2d 1 (Miss.1975) (no error where statements were largely defense-driven)
Richmond v. State, 751 So.2d 1038 (Miss.1999) (overwhelming evidence can foreclose prejudice in ineffective-assistance analysis)
McGilberry v. State, 843 So.2d 21 (Miss.2003) (trial-strategy decisions generally not deficient performance)
Smiley v. State, 815 So.2d 1140 (Miss.2002) (standard for ineffective assistance under Strickland)
Strickland v. Washington, 466 U.S. 668 (U.S.1984) (establishes test for ineffective assistance of counsel)