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Ronald Benjamin Clements v. State of Mississippi
237 So. 3d 175
Miss. Ct. App.
2017
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Background

  • 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)
Read the full case

Case Details

Case Name: Ronald Benjamin Clements v. State of Mississippi
Court Name: Court of Appeals of Mississippi
Date Published: Dec 12, 2017
Citation: 237 So. 3d 175
Docket Number: NO. 2016–KA–01586–COA
Court Abbreviation: Miss. Ct. App.