Webb v. State
113 So. 3d 592
| Miss. Ct. App. | 2012Background
- Rule 803(25) requires (i) tender years for the child and (ii) substantial indicia of reliability, determined in a hearing outside the jury.
- Webb was tried for sexual battery, statutory rape, and gratification of lust; eleven disclosures were at issue, including ten corroborative witnesses besides Hope.
- The trial judge found Hope was of tender years and her statements had reliability, based on pretrial testimony from two witnesses and the MCAC interview.
- The State sought to admit testimony from ten additional corroborative witnesses about Hope’s disclosures; those proffers occurred off the record, with Webb objecting.
- On appeal, Webb argued the tender-years and reliability findings were improper for the additional witnesses and that the proffers should have occurred on the record; the court reviews for abuse of discretion and harmless error.
- The court affirmed the convictions, holding any error harmless in light of strong corroborative and physical-evidence support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of corroborative statements under Rule 803(25) | Webb: failure to properly admit beyond tender-year witnesses bars admission. | Webb: the jury heard corroboration improperly; needs on-record reliability findings for all witnesses. | Harmless error; convictions affirmed. |
| Proper on-record tender-years finding for all corroborative witnesses | Hope’s age at statements supports tender-years finding; pretrial findings suffice for all witnesses. | Missing age-specific findings for some witnesses; insufficient on-record determination. | The trial court’s case-specific tender-years determination was supported by the record. |
| Substantial indicia of reliability of Hope’s statements | Trial court's reliability finding was proper given corroboration and video interview. | Reliability for all non-testifying witnesses required explicit factor-by-factor analysis. | The on-record reliability finding was adequate despite not listing every factor separately. |
| Harmless error analysis for tender-years testimony | Admission substantially prejudiced Webb given cumulative hearsay. | Harmless under weighing of evidence; even without the testimony, guilt was overwhelming. | Harmless error; weight of remaining evidence supported conviction. |
Key Cases Cited
- Valmain v. State, 5 So.3d 1079 (Miss. 2009) (Rule 803(4) medical-diagnosis scope includes non-patient statements)
- Veasley v. State, 735 So.2d 432 (Miss. 1999) (tender-years age determination and reliability considerations)
- Hennington v. State, 702 So.2d 403 (Miss. 1997) (twelve Barker factors for reliability of child declarants)
- Klauk v. State, 940 So.2d 954 (Miss. Ct. App. 2006) (harmless-error analysis for unreproffered hearsay testimony)
- Rogers v. State, 95 So.3d 623 (Miss. 2012) (harmless-error approach when no reliability hearing conducted)
- Bosarge v. State, 786 So.2d 426 (Miss. Ct. App. 2001) (comprehensive approach to on-record reliability findings under Rule 803(25))
- Valmain v. State, 5 So.3d 1079 (Miss. 2009) (Rule 803(4) broadens admissibility for child sexual-abuse statements)