Greer v. State

818 So. 2d 352, 2002 WL 265836
CourtCourt of Appeals of Mississippi
DecidedFebruary 26, 2002
Docket2000-KA-01388-COA
StatusPublished
Cited by7 cases

This text of 818 So. 2d 352 (Greer 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
Greer v. State, 818 So. 2d 352, 2002 WL 265836 (Mich. Ct. App. 2002).

Opinion

818 So.2d 352 (2002)

Raymond Joseph GREER a/k/a Raymond Joseph Greer, Sr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 2000-KA-01388-COA.

Court of Appeals of Mississippi.

February 26, 2002.
Rehearing Denied June 4, 2002.

*354 Robert H. Koon, Gulfport, Attorney for Appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, Attorney for Appellee.

Before SOUTHWICK, P.J., LEE, and CHANDLER, JJ.

LEE, J., for the Court.

¶ 1. Raymond Joseph Greer, Sr. was convicted of capital rape of S.S., and he was sentenced to serve a term of life imprisonment in the Mississippi Department of Corrections. Feeling aggrieved, Greer has filed a timely appeal and presents the following issues: (1) whether the trial judge erred when he denied Greer's motion to suppress, (2) whether the trial judge erred when he denied Greer's jury instruction D-2, (3) whether Greer received ineffective assistance of counsel, and (4) whether the verdict was against the overwhelming weight of the evidence. We find that these issues are without merit, and affirm the verdict of the trial court.

FACTS

¶ 2. S.S. asserted that beginning when she was thirteen years old Greer had sexual intercourse with her. S.S. contended that, thereafter, she and Greer engaged in sexual intercourse on numerous occasions *355 over an approximately three year period. Testimony established that Greer was approximately thirty at the time the sexual intercourse occurred between him and S.S.

¶ 3. S.S. and her mother went to the Hancock County Sheriffs Department and informed investigators of the alleged crime. Thereafter, Greer was telephoned and instructed to come to the sheriff's department.

¶ 4. While at the sheriff's department, Greer confessed to having sexual intercourse with S.S. While his recollection of the sexual encounters between him and S.S. were somewhat different than hers, as far as places and times, Greer stated that he and S.S. had had intercourse at least fifteen times.

¶ 5. Thereafter, Greer filed motions to suppress his confession. Each motion was denied by the trial judge. Subsequently, Greer was found guilty of capital rape and sentenced to serve a term of life imprisonment in the Mississippi Department of Corrections.

DISCUSSION

I. WHETHER THE TRIAL JUDGE ERRED WHEN HE DENIED GREER'S MOTION TO SUPPRESS.

¶ 6. Prior to trial, Greer filed a motion to suppress which sought to have his confession taken by the investigators of the Hancock County Sheriffs Department ruled inadmissible at trial. Greer initially asserted that the motion to suppress should be granted because the evidence was obtained without a valid arrest warrant. Greer argued that the suppression of the statement was warranted because he was arrested pursuant to an arrest warrant that was signed a day before the affidavit of probable cause. The trial court denied the motion. On the day of trial, Greer presented additional argument in an attempt to have his taped confession suppressed.

¶ 7. Greer argued that he had given the statement pursuant to promises from the investigator taking the statement. For the purposes of this appeal, Greer primarily focuses on his claim that he was offered promises in return for his confession.

¶ 8. The standard of review regarding a trial judge's ruling at a suppression hearing is whether substantial credible evidence was present to support the trial judge's finding when evaluating the totality of the circumstances. Price v. State, 752 So.2d 1070, 1073(¶ 9) (Miss.Ct.App. 1999).

¶ 9. Usually, a confession must be voluntary and not the result of promises, threats, or inducements to be deemed admissible. Mixon v. State, 794 So.2d 1007, 1009(¶ 4) (Miss.2001). "The test in such cases is whether the inducement is of a nature calculated under the circumstances to induce a confession irrespective of its truth or falsity." Taylor v. State, 789 So.2d 787, 795(¶ 34) (Miss.2001). It is the prosecution's burden to prove beyond a reasonable doubt that the confession was voluntary. Mixon, 794 So.2d at (¶ 4). The prosecution meets this burden by presenting testimony from an officer or other person having knowledge of the facts, who states that the confession was made voluntarily without threats, coercion, or offer of reward. Id.

¶ 10. This Court only has a limited review when determining if a confession is voluntary. Id. at 1010(¶ 5). The trial judge sits as finder of fact when he or she determines the voluntariness, and this Court will not overturn the trial judge's decision unless manifestly wrong. Id.

¶ 11. Greer gave one recorded statement to an investigator with the Hancock *356 County Sheriff's Department in which he confessed to having sexual intercourse with S.S. on numerous occasions. Greer contends that there were approximately forty-four minutes prior to the tape that were unaccounted for and he asserts that during this time he was instructed by an investigator regarding what to say. Additionally, Greer argues that promises regarding leniency were made to him prior to the tape of his statement being made. Furthermore, Greer asserts that there are inconsistencies in his story and S.S.'s story which could only be explained by him forgetting what he had been told to say. We first note that any discrepancies in Greer's and S.S.'s version of events regarding their sexual relations is not relevant to the issue of the suppression of his statement and is to be weighed by the jury. Temple v. State, 498 So.2d 379, 382 (Miss.1986).

¶ 12. The Mississippi Supreme Court has been faced with a similar argument regarding the inducement of a confession by promises in Layne v. State, 542 So.2d 237, 239 (Miss.1989). Layne argued that the trial court erred when it failed to grant his motion to suppress a written statement to a police officer, because it was given pursuant to promises of leniency from a police officer. In particular, a police officer had said that if Layne "were to be cooperative with the investigation, the district attorney would be informed of this fact." Id. The Mississippi Supreme Court was troubled by the officer's statement. Id. at 240. Nevertheless, the Mississippi Supreme Court reviewed case law from other jurisdictions which had been faced with the same situation and held that if a statement such as one given to Layne regarding his cooperation were made without any other coercive psychological tactics it does not form an implied promise of leniency. Id. The Mississippi Supreme Court determined there was no evidence of further coercive psychological tactics, or that the "promise to tell the district attorney" was a proximate cause of Layne's confession; therefore, the statement was voluntary and admissible. Id.

¶ 13. The State presented testimony from the investigating officer who obtained the statement from Greer. The investigator explained that a portion of the forty-four minute delay was caused by the fact that it took him about twenty-five to thirty minutes to find a voluntary statement form. The testimony of the investigator and the transcript of the taped statement show that Greer was administered his Miranda rights prior to making the confession. In fact, Greer's Miranda rights were reviewed in great detail by the investigator with Greer. Additionally, the record does not contain any evidence to substantiate the assertion that Greer was coached by an investigator with the sheriff's department.

¶ 14.

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Bluebook (online)
818 So. 2d 352, 2002 WL 265836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greer-v-state-missctapp-2002.