Hall v. State

691 So. 2d 415, 1997 WL 109644
CourtMississippi Supreme Court
DecidedMarch 13, 1997
Docket94-CT-01044-SCT
StatusPublished
Cited by36 cases

This text of 691 So. 2d 415 (Hall v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. State, 691 So. 2d 415, 1997 WL 109644 (Mich. 1997).

Opinion

691 So.2d 415 (1997)

Jasper HALL
v.
STATE of Mississippi.

No. 94-CT-01044-SCT.

Supreme Court of Mississippi.

March 13, 1997.

*416 P.J. Townsend, Jr., Drew; Robert L. Holladay, John H. McWilliams, Townsend McWilliams & Holladay, Drew, for Appellant.

Michael C. Moore, Attorney General, Pat S. Flynn, Asst. Attorney General, Jackson, for Appellee.

En Banc.

ON PETITION FOR WRIT OF CERTIORARI

SULLIVAN, Presiding Justice, for the Court:

Introduction

This matter comes before the Court, en banc, after granting petitioner's application for writ of certiorari. Jasper Hall was convicted of two counts of capital rape in the Circuit Court of Sunflower County, Mississippi, for the rape of his nine year-old daughter, and sentenced on each count to life in the custody of the Mississippi Department of Corrections, with the sentences to run concurrently, but consecutively to a prior sentence for which parole had been revoked.

The Court of Appeals affirmed the lower court's decision on September 17, 1996, Coleman, J., and the petition for rehearing was denied on December 3, 1996. The petition for writ of certiorari was filed with this Court on December 9, 1996, and granted on January 23, 1997.

The following issues were raised for certiorari review: I. The trial court erred by allowing into evidence the opinion testimony of Rebecca Patton as to the truthfulness of the alleged victim; II. The trial court erred by admitting into evidence, and allowing Doctors Aquino and Hampton to testify from a photograph of L.R.'s vagina, taken one and one-half years after the alleged rape incident [exhibit S-3]; and III. The trial court erred in not permitting testimony from Brenda Hall that impeached her daughter's testimony.

Issues I and II presented for review are found to be without merit. On issue III, the Court of Appeals' analysis does not comport with published case law of this Court, although the lower court's error was harmless error, and therefore, the lower court's decision is affirmed.

*417 Facts

Hall was convicted of raping his nine year-old daughter on Thanksgiving night, 1992. L.R. testified that she was living with her daddy (the defendant), her mother and her younger brother at the time. They went to her grandmother's house for Thanksgiving dinner and, sometime during the day, both her mother and father left separately. Jasper Hall returned alone, got L.R. and her brother, Scubby, and took them home. Her mother was not there.

L.R. and Scubby slept with Hall in his bed because he could not get the heater lit in her room. Scubby was in the middle, but sometime during the night Hall moved Scubby over and put himself next to L.R. She said they talked for a while about Christmas. She testified that he told her, "Let's do it." "Do what?" "You know." "I don't know." "Yes, you do."[1]

L.R. said that her father pointed a knife to the top of her chest and told her she would do it and that if she told anyone he would kill her. At that point, Scubby said, "I'm going to tell." Hall told him that he would kill him too. L.R. testified that Hall put "his penis in my virginis." She said she started to cry and push his body because "it hurted." After he raped her on the bed, he took her into the bathroom, put her "straddle of his lap and did it again." Then they went back to bed. L.R.'s mother came in about 12:30 a.m.; L.R. did not say anything to her mother. The next day they went back to her grandmother's house. The grandmother, Clemmie Davis, was told by Scubby what had happened. She asked L.R. about it. At first L.R. would not tell her because "I wasn't ready to die and I wasn't ready for Scubby to die either," but finally she admitted that "what Scubby said" had happened.

After a hearing on reliability as required by the Mississippi Rule of Evidence 803(25), Clemmie Davis testified that L.R. had reluctantly told her what had happened with Hall. She was unable to get the child to the doctor until Monday morning, when she took her to Dr. Aquino. Dr. Aquino testified that L.R. had redness in the vaginal area with a superficial tear in the inner vaginal canal. He said the area was very tender and she would not let him examine her thoroughly enough to see the hymen, she was in severe pain. Dr. Aquino took a medical history in which L.R. told him that her father had put his penis inside her.

Hall's wife, Brenda, testified that she was there with Hall and the children all night that Thanksgiving night. However, on rebuttal, the State put Brenda's sister and her mother on to testify that Brenda was not with Hall and the children that night and that Hall was looking for Brenda after he picked the children up from the grandmother's house. Mary Ann Crook was also brought back to testify that Brenda admitted to her that she was not at home that night.

After hearing the evidence, the jury convicted Hall of two counts of capital rape.

Issues presented for certiorari review

I. THE TRIAL COURT ERRED BY ALLOWING INTO EVIDENCE THE OPINION TESTIMONY OF REBECCA PATTON AS TO THE TRUTHFULNESS OF THE ALLEGED VICTIM.

II. THE TRIAL COURT ERRED BY ADMITTING INTO EVIDENCE, AND ALLOWING DOCTORS AQUINO AND HAMPTON TO TESTIFY FROM A PHOTOGRAPH OF L.R.'S VAGINA, TAKEN ONE AND ONE-HALF YEARS AFTER THE ALLEGED RAPE INCIDENT [EXHIBIT S-3].

III. THE TRIAL COURT ERRED IN NOT PERMITTING TESTIMONY FROM BRENDA HALL THAT IMPEACHED HER DAUGHTER'S TESTIMONY.

Analysis and Authority

I.

Hall argues that the trial court erred by allowing into evidence the opinion testimony of Rebecca Patton as to the truthfulness of the alleged victim. Rebecca Patton was the State's expert witness, and Hall complains that Patton testified she was "absolutely *418 certain beyond a reasonable doubt" that L.R. was telling the truth and that her statements were "... very symptomatic of a child telling the truth."[2] Ms. Patton gave this testimony on re-direct after she had been questioned on cross-examination about L.R.'s truthfulness. Patton's first mention of L.R.'s truthfulness came on cross-examination, in response to a question from the defense attorney. The defense opened the door to the questions asked and the answers given on re-direct. In addition, there was no objection to this testimony at trial. The Court of Appeals relied on McQuarter v. State, 574 So.2d 685, 687-88 (Miss. 1990) in holding that because counsel did not object to this part of Patton's testimony, the issue was waived. This Court held:

Unless timely and specific objection is made to allegedly improper testimony, the objection is deemed waived and may not be raised on appeal. Singleton v. State, 518 So.2d 653 (Miss. 1988); Parker v. State, 367 So.2d 456 (Miss. 1979). Such was not done here. Consequently, McQuarter's complaint has not been preserved for review on appeal. See Crawford v. State, 515 So.2d 936 (Miss. 1987).

Id. at 688.

This issue is without merit under the authority of McQuarter, and additionally, the defense clearly opened the door to the questions asked and the answers given on redirect — in all probability counsel did not object to the testimony because he knew he had opened the door.

II.

Hall also argues that the trial court erred by admitting into evidence and allowing Doctors Aquino and Hampton to testify from a photograph of the victim's vagina, taken one and one-half years after the alleged rape incidents. In Chase v. State, 645 So.2d 829 (Miss.

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Cite This Page — Counsel Stack

Bluebook (online)
691 So. 2d 415, 1997 WL 109644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-miss-1997.