Tremayne Whittle v. State of Mississippi, 182 So. 3d 1285

Victim (Amy), age 11 at disclosure and 13 at trial, reported that defendant Tremayne Whittle sexually assaulted her (anal penetration) once between August and October 2012; she delayed reporting because Whittle threatened her.
Amy disclosed to her grandmother, then her mother; she was examined by a sexual-assault nurse and later gave a videotaped forensic interview to a trained investigator.
The State sought admission of Amy’s out-of-court statements under Mississippi Rule of Evidence 803(25) (tender-years exception); the trial court held a hearing and found Amy was of tender years and her statements bore substantial indicia of reliability under the Wright factors.
The videotaped interview and testimony from the nurse, grandmother, mother, and investigator about Amy’s statements were admitted; Amy testified at trial consistent with her prior statements but refused to identify Whittle in court.
A jury convicted Whittle of sexual battery; he was sentenced to 30 years in MDOC without parole or probation. He appealed, arguing (1) improper admission of hearsay under the tender-years exception and (2) the verdict was against the overwhelming weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility under Rule 803(25) (tender-years hearsay)	State: Amy was under 12 at time of statements; Wright factors show substantial indicia of reliability; statements admissible.	Whittle: Statements were not spontaneous, and Amy had motive to fabricate (threat of spanking for bad grades).	Court affirmed trial court’s discretionary finding that Amy was of tender years and her statements were reliable; admission proper.
Weight of the evidence / motion for new trial	State: Victim’s consistent testimony and corroborating behavior support conviction.	Whittle: Delay in reporting, lack of corroboration, and inconsistencies render verdict against overwhelming weight.	Court held jury credibility determinations control; victim’s uncontradicted testimony and consistent behavior do not warrant a new trial.

Withers v. State, 907 So. 2d 342 (Miss. 2005) (tender-years presumption and use of Wright factors for reliability)
Idaho v. Wright, 497 U.S. 805 (1990) (factors to determine reliability of child’s out-of-court statements)
Bell v. State, 797 So. 2d 945 (Miss. 2001) (central principle that reliability is the focus of tender-years analysis)
Collier v. State, 711 So. 2d 458 (Miss. 1996) (victim’s uncorroborated testimony can suffice to support conviction when consistent and credible)