Ronald Benjamin Clements v. State of Mississippi
237 So. 3d 175
Miss. Ct. App.2017Background
- Defendant Ronald Clements was indicted for child fondling for acts alleged to have occurred Oct–Dec 2012 involving a six‑year‑old child (Sara).
- Prosecution presented testimony from the child, the child’s mother (Pickering), the mother’s sister (Scott), DHS and Child Advocacy Center evaluators (Wilbanks, Frison), and a counselor (Headings); the child described digital and oral contact and forcing her to touch the defendant’s penis.
- Forensic interview synopses and professional opinions (Frison, Wilbanks) corroborated the child’s disclosures and concluded the disclosures were consistent with sexual abuse; several witnesses testified the child did not identify anyone other than Clements as the abuser.
- Clements testified and denied the allegations, offered general denial and suggested the child had accused the wrong person; defense presented witnesses including the child’s mother and the counselor who nonetheless found the child credible.
- No directed‑verdict motion, peremptory instruction, JNOV, or new‑trial motion was made or filed by Clements at trial; he appealed only after judgment, raising sufficiency and weight challenges.
- The Court of Appeals held the issues were procedurally waived but, alternatively, found the evidence sufficient and the verdict not against the overwhelming weight of the evidence and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State: child’s testimony and corroborating forensic interviews and witness testimony suffice to prove elements of child fondling | Clements: evidence was insufficient — no medical/scientific proof, no confession, age not proven, possible alternative perpetrator (cousin), inconsistencies | Waived for failure to move for directed verdict; alternatively, evidence sufficient to support conviction |
| Weight of the evidence | State: credibility and consistency of child and corroborating witnesses support verdict | Clements: verdict against overwhelming weight; reasonable jury could not find guilt beyond a reasonable doubt | Waived for failure to move for new trial; alternatively, verdict not so contrary to overwhelming weight to warrant reversal |
Key Cases Cited
- Collier v. State, 711 So. 2d 458 (Miss. 1998) (victim’s uncontradicted testimony can support conviction in sex‑crime cases)
- Dilworth v. State, 909 So. 2d 731 (Miss. 2005) (cited in discussion of Collier on other grounds)
- Williams v. State, 35 So. 3d 480 (Miss. 2010) (standard for reviewing sufficiency of the evidence)
- Darnell v. State, 202 So. 3d 281 (Miss. Ct. App. 2016) (failure to renew directed‑verdict waives sufficiency challenge)
- Stewart v. State, 879 So. 2d 1089 (Miss. Ct. App. 2004) (failure to move for new trial waives weight‑of‑evidence challenge)
- Birge v. State, 216 So. 3d 1174 (Miss. Ct. App. 2017) (standard for overturning verdict on weight‑of‑evidence grounds)
- Winding v. State, 908 So. 2d 163 (Miss. Ct. App. 2005) (jury’s role in assessing witness credibility)
