Lewis v. Jackson County Youth Court

191 So. 3d 763, 2016 WL 1314516, 2016 Miss. App. LEXIS 178
CourtCourt of Appeals of Mississippi
DecidedApril 5, 2016
DocketNo. 2014-CA-01353-COA
StatusPublished
Cited by10 cases

This text of 191 So. 3d 763 (Lewis v. Jackson County Youth Court) 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
Lewis v. Jackson County Youth Court, 191 So. 3d 763, 2016 WL 1314516, 2016 Miss. App. LEXIS 178 (Mich. Ct. App. 2016).

Opinion

WILSON, J.,

for the Court:

¶ 1. The Jackson County Youth Court adjudicated Elizabeth Grant1 to be a sexually abused child.2 Elizabeth had intimated to a classmate that her stepfather, Phil Lewis, had touched her inappropriately. Phil is married to Elizabeth’s mother, Betty Lewis. As a result of Elizabeth’s accusation, the Jackson County Department of Human Services (DHS) took custody of Elizabeth, Elizabeth’s younger brother, and Betty’s niece.' After an investigation, the Jackson County Youth Court Intake Unit recommended filing a formal petition to adjudicate Elizabeth to be a sexually abused child.

¶ 2. After hearing testimony from Elizabeth, Betty, and a DHS worker, the youth court adjudicated Elizabeth .to be a sexually abused child. Betty appeals and argues that the youth court’s ruling lacks sufficient evidentiary support. She also claims that several of the court’s evidentiary and procedural rulings amount to reversible error. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 3. In February 2013, thirteen-year-old Elizabeth told a classmate that her stepfather, Phil Lewis, had sexually abused her. The friend informed a teacher, who in turn [766]*766told other school officials, who then notified Jackson County DHS. DHS filed a request with the youth court to order the child into DHS custody,-which was granted, and DHS removed Elizabeth from the physical custody of her mother, Betty Lewis, along 'with Elizabeth’s younger half-brother and Betty’s niece, who then lived with the family.3

¶4.- After the children were removed from Betty’s home, the youth court appointed a guardian ad litem (GAL) to represent Elizabeth’s best interests. .The judge also entered a shelter order placing physical and legal custody of Elizabeth with DHS. The order also called for Dr. J. Donald Matherne to perform psychological evaluations of Elizabeth and Betty. On March 1, 2013, the youth court entered an intake order, which recommended that the State file a formal petition to bring forward the ■ sexual. abuse allegations. On March 5, the State filed a formal petition to adjudicate Elizabeth as sexually abused.

¶ 5. A full evidentiary hearing (an adjudication hearing) was set for June 12,2013. When the parties appeared for the hearing, the State requested a continuance because Elizabeth was having “a meltdown” and was unable to testify due to her emotional state. Betty opposed a continuance, arguing that it would only prolong the separation between her and her children, but the judge granted a continuance, finding that it would be in Elizabeth’s best interest.

¶ 6. On September 10, 2013, the hearing began with Elizabeth’s testimony. She was -the only 'witness that day, and the hearing was continued until November to allow Betty’s attorney to finish his cross-examination. At the November hearing, Betty requested that Dr. Matherne, her proposed expert witness, be allowed to sit in the courtroom for the remainder of Elizabeth’s testimony in order to observe her. Upon objection by both the State and the GAL, the judge - declined to allow Dr. Matherne to remain in the courtroom, as it was “not in the interest of justice ■.,. for [Dr. Matherne] to only hear the last little bit of cross-examination, ... having not heard the first three hours.” After Elizabeth’s testimony- concluded, the court heard testimony from a DHS family protection worker who testified regarding the statements Elizabeth -made about the alleged sexual abuse. The hearing was ‘continued again to allow the State the opportunity to locate a former Child Advocacy Center employee who had conducted a forensic interview of Elizabeth.

¶7. On April 9, 2014, the hearing resumed. Betty’s attorney noted that, he had. not subpoenaed Dr, Matherne for .that day but that he intended to call him to testify at a later date. Betty requested that Dr. Matherne be allowed to study a transcript of Elizabeth’s testimony, which the judge allowed, with the understanding that Betty would be responsible for paying for the cost of the transcript and any fees that Dr. Matherne charged for reviewing it, The judge also noted that Betty would be responsible for Dr. Matherne’s witness fees since he was her witness, not the State’s. The judge further warned that if Betty wanted to introduce Dr, Matherne’s report, he would need to testify in court so that the State could cross-examine him. Finally, the judge noted that Betty would need to issue a subpoena for Dr. Matherne if she wanted him to testify, specifically stating that “he needs to be involved in the scheduling of the next court date if you want him here.” At the conclusion of these preliminary matters, the State rested.

[767]*767¶ 8. Once the State rested, Betty moved for a directed verdict, which was denied; Betty then testified and was cross-examined by the State. At the close of Betty’s testimony, Betty’s attorney initially decided not to call Dr. Matherne as a witness and informed the court that Betty would rest. However, when the judge stated that she was not prepared to announce a ruling from the bench, Betty decided to leave her case open until the next hearing date. The judge agreed and directed the parties to schedule the next hearing daté based on Dr. Matherne’s availability.

¶ 9. When the hearing resumed on June 25, 2014, Dr. Matherne was not present, and the judge denied Betty’s motion for a continuance, which she had filed the day before. The judge noted ■ that she had entered an order in April directing Betty to subpoena Dr. Matherne, but Betty failed to do so. Betty’s attorney represented that he had attempted to contact Dr. Matherne repeatedly, and Dr. Math-erne had originally confirmed his * availability for June 25. However, a few'days before the hearing, Dr. Matherne informed Betty’s counsel that he would not be able to testify. The judge declined to continue the case yet again given Betty’s failure to subpoena Dr. Matherne.

¶ 10. Betty then resumed and completed her testimony, at which point she restr ed her case and again requested that Dr. Matheme’s report be admitted into evidence. The judge again denied this request, noting that she had already informed Betty’s attorney that the report would not be allowed into evidence without Dr. Matherne’s testimony. The parties then gave their closing arguments, and the judge took the case under advisement.

¶ 11. On August 18, the judge issued her opinion, finding Elizabeth to be a sexually abused child as defined by section 43-21-105. The judge’s opinion ^included the following factual findings;

[Elizabeth], daughter of [Betty], was 13 years óf age when she made' the allegation- that her step-father, [Phil], sexually abused her in her home in Jackson County,'Mississippi on one or more occasions.
[Betty], Mother and legally responsible for the care of [Elizabeth], did not believe the child’s allegations against the step-father, and throughout the trial stated that [Elizabeth] was not-being truthful. -
[Elizabeth] allegéd 'that hér step-father touched her breast and pubic areas and performed oral sex on the minor on one or more occasions. [Elizabeth] was consistent in her recollection of the time, place and events that happened to her as the result of [Phil’s] conduct.
[Betty] testified tliat she witnesses a great relationship between [Elizabeth], her 13 year old daughter, and [Phil], her husband.

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191 So. 3d 763, 2016 WL 1314516, 2016 Miss. App. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-jackson-county-youth-court-missctapp-2016.