Rogers v. State
2012 Miss. LEXIS 399
| Miss. | 2012Background
- Rogers was convicted by jury of two counts of child sex abuse and sentenced to 33 years total.
- Count One alleged sexual battery by Benjamin; Count Two alleged fondling of William, Benjamin’s brother.
- Trial evidence included Benjamin’s interview with a psychologist and Rogers’s two custodial statements.
- Kahle testified Benjamin disclosed anal and oral sex; defense objected to hearsay; no Rule 803(25) reliability finding was made.
- Venue for Count Two was contested; evidence suggested Lena (where a crime occurred) is in Leake County, not Scott.
- Appellate court reversed both convictions, ruling error for admissibility of Kahle’s testimony and improper venue handling, remanding for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Kahle’s testimony | Rogers | Rogers | Reversal for improper hearsay without reliability finding |
| Reliability finding under Rule 803(25) | State | Rogers | No separate tender-years reliability hearing; error reversible |
| Venue proof for Count Two | State | Rogers | Venue not properly submitted; reversal required |
| Jury instruction on venue | State | Rogers | Omission of essential element; reversible error |
| Corroboration of a confession for Count One | State | Rogers | Confession lacked independent corroboration; error not harmless |
Key Cases Cited
- Price v. State, 898 So.2d 641 (Miss. 2005) (abuse-of-discretion review for evidentiary rulings)
- Hodge v. State, 823 So.2d 1162 (Miss. 2002) (corroboration required for confessions with no independent proof)
- Berry v. State, 728 So.2d 568 (Miss. 1999) (plain error when jury instructions misstate essential elements)
- Hill v. State, 797 So.2d 914 (Miss. 2001) (venue proof beyond reasonable doubt required; jury considerations)
- Crum v. State, 63 So.2d 242 (Miss. 1953) (venue as jurisdictional; challengeable for first time on appeal)