Hibbler v. State

115 So. 3d 832, 2012 WL 5205817, 2012 Miss. App. LEXIS 650
Court of Appeals of Mississippi·Decided October 23, 2012·No. No. 2010-KA-01124-COA·Published·Cited by 2 cases

Opinions

ROBERTS, J.,

for the Court:

¶ 1. A jury sitting before the Noxubee County Circuit Court found R.C. Hibbler guilty of statutory rape. The circuit court sentenced Hibbler to twenty years in the custody of the Mississippi Department of Corrections (MDOC). Hibbler appeals. Because we find merit to Hibbler’s claim that he received ineffective assistance of counsel, we decline to address Hibbler’s claims that there was insufficient evidence to find him guilty and that the jury’s verdict is contrary to the overwhelming weight of the evidence. Consequently, we reverse the judgment of the circuit court and remand this matter for a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 2. Hibbler’s conviction stems from his contact with Jane,1 a thirteen-year-old girl who had been diagnosed with “reactive attachment disorder” and who has been described as having “borderline intellectual functioning.” It is undisputed that Jane visited Hibbler’s home to play with Hib-bler’s twin daughters on Saturday, April 16, 2005. Hibbler was sixty-nine years old at that time.

¶ 3. The following Tuesday, Jane told an unidentified “case manager” that Hibbler had raped her the previous Saturday. She had not told her family or anyone else that Hibbler had raped her. The case manager told Jane’s school counselor, Travonder McCloud, that Jane said she had been raped. That same day, McCloud relayed Jane’s allegation to the Macon Police Department. Later that Tuesday, Robert Brown, the Macon Chief of Police, and Janie Tate, a social worker, took Jane to see Dr. Sykes,2 a pediatrician. Dr. Sykes examined Jane and concluded that her hymen was still intact. Dr. Sykes also recommended that Chief Brown and Tate take Jane to be examined by Dr. Mark Burtman, a obstetrician and gynecologist. Still that same day, Dr. Burtman tested Jane for sexually transmitted diseases and concluded that Jane had chlamydia. On April 28, 2005, Chief Brown and Tate took Jane to meet with Carla Horne, a Licensed Professional Counselor with the East Mississippi Children’s Advocacy Center.

¶ 4. On June 29, 2005, Hibbler voluntarily went with Chief Brown to the Noxubee [835] County Health Department, where Hib-bler was tested for sexually transmitted diseases. Hibbler did not have chlamydia. Approximately two months later, Hibbler was indicted and charged with statutory rape. He pled not guilty and hired Attorney Jeffrey Hosford to represent him.3

¶ 5. Hibbler went to trial in March 2008. The prosecution called Jane, who was sixteen years old at that time, as its first witness. The circuit court allowed the prosecution to ask Jane leading questions during direct examination due to what the circuit court later described as Jane’s “obvious ... diminished intellectual functioning.”

¶ 6. Jane testified that on April 16, 2005, she had been playing outside Hibbler’s house with Hibbler’s twin daughters when Hibbler told her to “come in the house.” Jane said that Hibbler “pulled [her] in [his] room” after she complied. According to Jane, Hibbler “put [her] on the bed” and “had sex with [her].” When asked to explain what she meant, Jane said, “He raped me.” Jane testified that she did not see any of Hibbler’s “body parts,” but Hibbler hurt her and made her bleed. Jane further testified that when Hibbler was finished having sex with her, he slapped her and told her, “Don’t tell.” Jane said she then got dressed and ran home. When the prosecution asked Jane to identify Hibbler, the following exchange transpired:

Q. And the individual that you’ve indicated here is Mr. Hibbler, the one who had sex with you. Is that — do you see him in the courtroom today?
A. (No verbal response).
Q. If you would just take a minute and look around the courtroom and see whether or not he’s in here. Do you see him in the courtroom, [Jane]?
A. (No verbal response).
Q. Do you see Mr. Hibbler here, [Jane]? If you see him, could you point to him, please, ma’am?
A. [ (]The witness pointed to Mr. Hib-bler).

The following exchange is Hosford’s entire cross-examination of Jane:

Q. [Jane]—
A. Yes.
Q. —were you diagnosed by the doctors with a condition called [c]hlamydia?
A. Yes.
Q. And you had to take medication for that; is that correct?
A. Yes.
Q. And after that, you went to see several doctors, didn’t you?
A. Yes.

¶ 7. Next, the prosecution called McCloud, who testified regarding her involvement in relaying Jane’s report. During cross-examination, Hosford asked McCloud to elaborate regarding why she had been counseling Jane for approximately two years. McCloud responded that Jane “has what we call reactive attachment disorder. She has a diagnosis — she had a [836] diagnosis of — I can’t remember, borderline intellectual functioning or something.” McCloud elaborated that reactive attachment disorder occurs “when the child is not getting everything that she needs at home[, so] she develops an attachment.” McCloud went on to testify that “it’s hard for [Jane] to socialize.”

¶ 8. The prosecution called Horne as an expert forensic interviewer. The prosecution asked Horne to explain “the protocol that [she] used” when she interviewed Jane. Horne explained, and then said that during her interview, Jane had said that Hibbler had “touched her on her pancake.” Next, the prosecution asked Horne to identify a document. Horne again testified that Jane had said that she had been touched “on her pancake.” Horne clarified that Jane meant “where you go to the potty.” Hosford did not object to Horne’s hearsay testimony.

Free access — add to your briefcase to read the full text and ask questions with AI

Hibbler v. State, 115 So. 3d 832, 2012 WL 5205817, 2012 Miss. App. LEXIS 650 (Mich. Ct. App. 2012).

115 So. 3d 832 (Hibbler v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Rubin Renfrow v. State of Mississippi
202 So. 3d 633 (Court of Appeals of Mississippi, 2016)
Lakinta Goldman v. State of Mississippi
162 So. 3d 889 (Court of Appeals of Mississippi, 2015)