Harden v. State

59 So. 3d 594, 2011 Miss. LEXIS 210, 2011 WL 1532149
CourtMississippi Supreme Court
DecidedApril 21, 2011
DocketNo. 2009-KA-00141-SCT
StatusPublished
Cited by62 cases

This text of 59 So. 3d 594 (Harden 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
Harden v. State, 59 So. 3d 594, 2011 Miss. LEXIS 210, 2011 WL 1532149 (Mich. 2011).

Opinions

CHANDLER, Justice,

for the Court;

¶ 1. On September 18, 2008, after a jury trial, Harden was convicted of the statutory rape of his stepdaughter, L.Q.,1 pursuant to Mississippi Code Section 97-3-65(l)(b).2 On December 16, 2008, Harden was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections (MDOC), followed by ten years on post-release supervision, with five years reporting. See Miss.Code Ann. § 47-7-34 (Rev.2004). Harden appeals, raising five issues, including: (1) whether the trial court erred by denying his motion for a continuance to obtain a mental evaluation; (2) whether trial counsel was ineffective for failing to timely request a mental evaluation; (3) whether the trial court erred by admitting his confession; (4) whether the trial court erred by denying a [599]*599jury instruction on whether the confession was coerced; and (5) whether the verdict was against the overwhelming weight of the evidence.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On November 29, 2006, Horn Lake seventh-grader L.Q. ate lunch with an older family friend, Alexandria Christie. She gave Christie the following handwritten note:

The day before thanksgiving Tim had sexual intercourse with me twice. How gross !!! That’s what I had to talk to you about. That’s the real, real reason why I wanted you here. I couldn’t tell you on the phone yesterday[;] he wanted me off the phone because of the minutes. By the way, what’s sperm? And what’s a virgin? Someone asked me was I a virgin. From: [L.Q.] To: Alex
I feel bad about this. I don’t know what to do. I don’t want to hurt my mom again so I[’m] telling you[,] someone who can help me ... I hope[.]

Christie reported the information to L.Q.’s mother, Towanda Conley. The same day, Conley, L.Q., Christie, and Harden gave statements at the police station.

¶ 4. During Harden’s tape-recorded interview, Detective Josh Zacharias informed Harden he was not under arrest and then administered his Miranda3 rights. Because Harden said he could not read, Detective Zacharias went over these rights verbally, and Harden indicated that he understood the rights. During the' reading of his rights, Harden repeated the third right, concerning the right to the appointment of counsel. During the interview, Harden repeatedly denied that he had done anything inappropriate with L.Q. But Harden ultimately admitted that he had had sexual intercourse with L.Q. in his bedroom.

¶ 5. L.Q. gave a tape-recorded statement about what had occurred. She said that she and two younger siblings had been with Harden in his bedroom. When the siblings left to play video games in the living room, Harden had removed her clothes and had put his penis inside her. L.Q. stated that Harden had ejaculated on her body; however, testing of the clothing she put on after the encounter revealed no seminal fluid. When Detective Zacharias asked L.Q. whether she had had other sexual encounters with Harden, she stated that it had happened only once.

¶ 6. At the trial, L.Q. was unresponsive to most questions about the sexual encounter, but she testified that her note to Christie was truthful. She also testified that she had told her mother that Harden had been touching her inappropriately since she was nine years old, and that she had never had sexual intercourse with anyone else before Harden. She acknowledged that an incident.of a sexual nature previously had occurred with her stepbrother. The audiotape-recorded interviews of Harden and L.Q. were admitted into evidence.

¶ 7. On December 14, 2006, L.Q. was examined by Elizabeth Thomas, a sexual-assault nurse examiner. Regarding her interview with L.Q., Thomas testified from her notes to the following:

This 12-year-old female complained of severe pain from her behind, two weeks ago. She cried that she couldn’t sit down because it hurt so bad. She reported to her mother that it felt like there was a lump down there. Later, she complained of a headache and stomachache. . Her mother took her to the [600]*600health department and was referred to the Lebonheur emergency room. The child disclosed, then, that Timmy, her stepfather, had been touching her and was now putting his penis in her front private part and her back private part.
As part of this narrative history, I obtained information that the touching had been ongoing for two years. It was the recent penetration that the child was complaining of the acute injuries.

Thomas testified that her physical examination of L.Q. revealed recent blunt penetrating trauma in the genital and rectal areas. Thomas admitted on cross-examination that she could not identify the object of penetration from her physical examination. Thomas also testified that, previously, L.Q. had been examined at the same clinic after a sexual encounter with her stepbrother that had occurred in August 2006.4 That examination had revealed no trauma to her genital or rectal areas, and L.Q. had denied any penetration.

¶ 8. Conley testified that she and Harden had been married since 2003, but their divorce was pending at the time of the trial. Conley testified that Harden was “a little bit slower than the average person,” and that he sometimes did not understand things as a normal person would. However, around the house, Harden got the kids ready for school and helped them with their homework, including reading. She testified that, previously, Harden had been employed by Wal-Mart as a cart-pusher and by Popeye’s as a prep cook.

¶ 9. The only defense witness was Harden’s mother, Sandra Harden. She testified that Harden was born with hydrocephalus and that he is equipped with a tube and valve that pumps fluid from his brain to his chest. He has been on Social Security disability since age eleven. Sandra testified that Harden has undergone several surgeries for his condition throughout his life, beginning when he was two weeks old. She testified that he had a nervous breakdown at age eleven after a surgery and was institutionalized for six months. Sandra stated that Harden has trouble understanding things that are explained to him. She said that, throughout school, he was in special education and had to be taught one-on-one. Sandra stated that Harden had lived with her until his marriage to Conley.

¶ 10. The jury returned a verdict of guilty of statutory rape. The trial court sentenced Harden to twenty years in the custody of the MDOC, followed by ten years on post-release supervision, with five years reporting.

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED BY DENYING HARDEN’S MOTIONS FOR A CONTINUANCE AND HIS MOTION FOR A MENTAL EVALUATION.

¶ 11. Harden argues that the trial court should have granted his two motions for a continuance and ordered a mental evaluation. The State argues that the denial of continuance is procedurally barred because Harden failed to reassert it in his motion for a new trial. Recently, this Court explored when an issue must be asserted in a motion for a new trial in Densmore v. State, 27 So.3d 379, 383 (Miss.2009). In Densmore,

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Cite This Page — Counsel Stack

Bluebook (online)
59 So. 3d 594, 2011 Miss. LEXIS 210, 2011 WL 1532149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harden-v-state-miss-2011.