Sam Hales v. State of Mississippi, 213 So. 3d 511

Defendant Sam Hales (born 1959) was tried in Jasper County, Mississippi for sexual battery and touching a child for lustful purposes based on allegations by J.P., a male who was under fourteen for several alleged incidents beginning in third grade and continuing through fifth grade.
J.P. testified to multiple specific incidents: being forced to perform oral sex and being touched over and under clothing; identified physical detail (circumcised, a mole on the penis) later contradicted by stipulation.
No physical forensic evidence corroborated the assaults; a corrections officer observed Hales was circumcised but did not note a mole; a stipulation of Dr. Lay stated Hales did not have a mole.
Several family members who lived with Hales testified they cared for a bedridden relative, observed Hales’s post-stroke cognitive decline, denied seeing pornographic materials or the alleged acts, and expressed disbelief or reluctance about Hales going to prison.
The jury convicted Hales on both counts; he received consecutive day-for-day sentences: 25 years for sexual battery and 15 years for touching a child for lustful purposes (no parole, probation, or early release).
Hales moved for JNOV/new trial arguing the verdict was against the overwhelming weight of the evidence due to lack of physical evidence and alleged inconsistencies in the victim’s testimony; the trial court denied the motion and the conviction was appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether verdict was against the overwhelming weight of the evidence such that a new trial/JNOV is required	State: J.P.’s testimony was detailed and legally sufficient to support convictions even without physical corroboration	Hales: Lack of physical evidence and alleged contradictions in J.P.’s testimony make the verdict unreliable	Affirmed: Jury credibility determinations upheld; testimony legally sufficient; no unconscionable injustice

Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for disturbing a verdict on weight-of-the-evidence grounds)
Herring v. State, 691 So. 2d 948 (Miss.) (discusses when verdicts contradict overwhelming weight of evidence)
Amiker v. Drugs For Less, Inc., 796 So. 2d 942 (Miss. 2000) (trial court as thirteenth juror standard in motions for new trial)
Gazzier v. State, 744 So. 2d 776 (Miss. 1999) (victim testimony alone can suffice to sustain sexual battery conviction)
Clemons v. State, 199 So. 3d 670 (Miss. 2016) (jury’s role in weighing witness credibility)