Blackmon v. State

803 So. 2d 1253, 2002 Miss. App. LEXIS 22, 2002 WL 18280
CourtCourt of Appeals of Mississippi
DecidedJanuary 8, 2002
DocketNo. 2001-KA-00013-COA
StatusPublished
Cited by8 cases

This text of 803 So. 2d 1253 (Blackmon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blackmon v. State, 803 So. 2d 1253, 2002 Miss. App. LEXIS 22, 2002 WL 18280 (Mich. Ct. App. 2002).

Opinion

BRIDGES, J.,

for the Court.

PROCEDURAL HISTORY

¶ 1. Edward Glynn Blackmon was indicted in the Circuit Court of the First Judicial District of Panola County, Mississippi for sexual battery by one in a position of trust or authority in violation of Miss.Code Ann. § 97-3-95(2) (Rev. 1998). Following a jury trial, Blackmon was found guilty as charged and sentenced by the Honorable George C. Carlson, Jr. to twenty-five years in the custody of the Mississippi Department of Corrections.

¶ 2. Blackmon now appeals this jury decision, citing the following errors for this Court’s review:

1. WHETHER THE LOWER COURT ERRED IN FAILING TO GRANT BLACKMON’S MOTION TO SUPPRESS AND IN ALLOWING THE CONFESSION OF JUNE 12TH TO BE ADMITTED INTO EVIDENCE;

2. WHETHER THE LOWER COURT ERRED IN ALLOWING HEARSAY TESTIMONY OF A STATE WITNESS; AND

3. WHETHER THE LOWER COURT ERRED IN DENYING BLACK-MON’S ATTEMPTS OF COMPLETE CROSS EXAMINATION OF A STATE’S WITNESS.

¶ 3. Finding no error, we affirm.

STATEMENT OF THE FACTS

¶ 4. The victim’s mother, (Mary), Mary’s boyfriend Frank McClusky (boyfriend), and Mary’s fifteen year old daughter (victim) were temporarily living with Mary’s mother and brother at their home in Sar-dis, Mississippi while they were looking for new jobs. On the evening of June 9, 2000, [1255]*1255Mary and her boyfriend went to Olive Branch, Mississippi to visit family and continue with their employment search. The victim remained in Sardis with her grandmother and uncle, Edward Glynn Black-mon.

¶ 5. Sometime during the evening hours of June 9, Blackmon, then thirty-nine years of age, went to the liquor store for beverages. Due to the consumption of vodka and wine, the victim, her grandmother, and her uncle each became extremely intoxicated. At some point that night, the victim became sick, regurgitated on herself and passed out. Thereafter, Blackmon carried the victim to his bedroom for her to sleep.

¶ 6. The victim awoke during the night to find her blue jean shorts had been cut. The crotch area of her shorts, from one side seam and including the zipper range to the other side seam, was jaggedly cut. Additionally, her panties were removed by cutting the elastic sides.

¶ 7. Initially, the victim was unaware of what caused her clothing to be ripped. She began to ask questions and her uncle told her he had performed oral sex on her, an action Blackmon now denies. The victim immediately called her mother in Olive Branch to come to Sardis and take her away. Mary returned to Sardis and took the victim to the Senatobia hospital for medical evaluation. The Panola County Sheriffs office was contacted and Deputy Craig Sheley came to the hospital for further investigation.

¶ 8. Blackmon and his mother testified he was in the kitchen, listening and talking to the radio. Consequently, there was no opportunity for Blackmon to sexually batter his niece. The State contends, however, that when Deputy Sheley arrived at Blackmon’s home, Blackmon told the deputy he “didn’t do nothing to her but” performed oral sex.

¶ 9. It was determined that the object used in cutting the victim’s clothing was a knife. Two knives were recovered from Blackmon’s home, a pocket knife and a knife retrieved from a bedside stand in Blackmon’s room with denim fibers attached to the blade. Trace analysis performed by the Mississippi Crime Lab determined that the fibers were derived from the denim shorts worn by the victim.

¶ 10. Further investigation revealed Blackmon had injuries to his palm, fingers, and backside of his hand. His wounds were covered in blood and blood was found in his hair and head, apparently residue from rubbing his head with his hands. Although no proof was put forward, the judge speculated during the sentencing hearing that the injuries were the result of an extremely intoxicated individual using a knife.

¶ 11. Blackmon was taken into custody during the early morning hours of June 10, 2000. On the morning of June 12, 2000, giving Blackmon two days to sober up and speak with a clear mind, he signed a waiver of rights form and gave a tape recorded confession.

¶ 12. After the testimony of all witnesses involved in the crime, the jury found Blackmon guilty of sexual battery by one in a position of trust or authority. Thereafter, Blackmon was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections.

STANDARD OF REVIEW AND LEGAL ANALYSIS

¶ 13. A brief amount of attention needs to be directed to the particular statute Blackmon was indicted under, Miss. Code Ann. section 97-3-95(2) (Rev. 2000). This statute is applicable to a person in a position of trust or authority over the child under the age of eighteen including without limitation the “child’s teacher, counsel- [1256]*1256or, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, unde, scout leader or coach.” Miss. Code Ann. § 97-3-95(2) (Rev. 1998) (emphasis added). Blackmon asserted in his motion for directed verdict that the State did not meet its burden of proof because the State failed to prove that the victim was under the care and control of Black-mon. However, this Court interprets the statute to state that any person in control of the care of the child, including, but not limited to, the named classification of individuals, can be held accountable for this crime.

¶ 14. The victim was left in the care of her grandmother. Blackmon, the uncle, was a member of one of the particular classes the statute classifies as in a continuous position of trust and authority, regardless of who is “in charge” of the child. It is for this reason the trial judge correctly dismissed Blackmon’s motion for directed verdict.

1. WHETHER THE LOWER COURT ERRED IN DENYING APPELLANT’S MOTION TO SUPPRESS THE CONFESSION OF JUNE 12.

¶ 15. Blackmon argues that his confession on June 12 was not voluntary. It is his contention because he does not remember receiving his Miranda rights, he could not have voluntarily waived them. Additionally, Blackmon argues that he could not read and write so he could not effectively understand what he was signing when he signed the waiver of rights form. The State argues it has met its burden of proof regarding the statement and the record clearly says the same. The State further alleges the testimony of the officer was not contradicted and the signed waiver of rights form was acknowledged by Blackmon under oath as containing his signature.

¶ 16. Regarding the circuit court’s refusal to grant a motion to suppress, our scope of review is limited. After the lower court has determined that a confession is voluntary, the defendant is saddled with a heavy burden in attempting to have that decision reversed. Greenlee v. State, 725 So.2d 816, 826(¶ 26) (Miss.1998); Crawford v. State, 716 So.2d 1028,1038 (¶ 37) (Miss.1998); Hunt v. State, 687 So.2d 1154, 1160 (Miss.1996); Sills v. State, 634 So.2d 124, 126 (Miss.1994).

“Such findings are treated as findings of fact made by a trial judge sitting without a jury as in any other context.

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Cite This Page — Counsel Stack

Bluebook (online)
803 So. 2d 1253, 2002 Miss. App. LEXIS 22, 2002 WL 18280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackmon-v-state-missctapp-2002.