McClain v. State

929 So. 2d 946, 2005 WL 2140613
CourtCourt of Appeals of Mississippi
DecidedSeptember 6, 2005
Docket2004-KA-00152-COA
StatusPublished
Cited by7 cases

This text of 929 So. 2d 946 (McClain 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
McClain v. State, 929 So. 2d 946, 2005 WL 2140613 (Mich. Ct. App. 2005).

Opinion

929 So.2d 946 (2005)

Nigel Jerome McCLAIN, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2004-KA-00152-COA.

Court of Appeals of Mississippi.

September 6, 2005.
Rehearing Denied January 24, 2006.

*947 Jeffrey Lynn Ellis, attorney for appellant.

Office of the Attorney General by Jean Smith Vaughan, attorney for appellee.

Before BRIDGES, P.J., MYERS and CHANDLER, JJ.

BRIDGES, P.J., for the Court.

¶ 1. Nigel Jerome McClain was indicted by a grand jury in the Circuit Court of Forrest County for one count of sexual battery and a second count of felonious child abuse, and after hearing all the evidence and arguments of counsel, a jury convicted him on both counts. McClain was sentenced to a term of forty (40) years for sexual battery and a term of twenty (20) years for felonious child abuse on October 7, 2003. McClain subsequently filed a post-trial motion to set aside the jury verdict, or in the alternative, for a new trial; however, the motion was denied by the circuit court. Aggrieved by the denial, McClain has effectuated this appeal and presents the following two issues for our review:

*948 I. DID THE TRIAL COURT ERR IN ALLOWING THE STATE'S EXPERT TO TESTIFY AND RENDER OPINIONS OUTSIDE HIS AREA OF EXPERTISE?

II. DID THE TRIAL COURT ERR BY ALLOWING HEARSAY TESTIMONY OF DR. GAUDET REGARDING THE TREATMENT ADMINISTERED TO THE CHILD WHILE A PATIENT AT THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER AND IN ALLOWING THE HEARSAY TESTIMONY OF DR. GAUDET REGARDING THE OPINIONS OF PHYSICIANS WHO CARED FOR THE CHILD WHILE A PATIENT AT SAID MEDICAL CENTER?

Finding McClain's argument to be without merit, we affirm.

FACTS

¶ 2. On February 3, 2003, E.B. testified that she left her home at 7:45 a.m. to go to work. When she left her home, her three-year-old son Aaron was asleep in his room, and McClain was asleep in the couple's bed with her eight-month-old daughter Ashley.[1] E.B. further testified that she did not change Ashley's diaper before she left for work. McClain stated that he awoke around 10:00 a.m., and began gathering the children's things because his cousin, Martha Young, was coming to pick them up. Young testified that she arrived at the home between 10:00 a.m. and 11:00 a.m., and that she helped McClain dress the children. Young testified that when she changed Ashley's diaper that morning, the child had a runny bowel movement. Young further testified that she did not see any marks or bruises on the child at any point that day. Young, McClain, and the children left E.B.'s home and went to Young's house, from which Jermell Young, Nigel McClain, Rochelle McClain, and the children departed for Marshall Durbin between 12:00 p.m. and 12:30 p.m. Rochelle McClain testified that she remained in the car with the children the entire time Nigel McClain and Jermell Young were inside Marshall Durbin. Rochelle McClain further testified that she fed and changed Ashley while in the car at Marshall Durbin. When the men returned to the car around 3:00 p.m., the group returned to Young's house, where they remained until it was apparent that something was wrong with Ashley. Nigel and Rochelle McClain took the child with them to pick up E.B. at her home, from which the group proceeded to Forrest General Hospital.

¶ 3. Dr. John Wells Gaudet was the State's expert witness in the field of pediatric medicine. Dr. Gaudet saw the child at Forrest General Hospital on the day in question. In his testimony, Dr. Gaudet described the child's physical condition, which consisted of marks on her chest and multiple bruises. Dr. Gaudet also gave testimony regarding the child's treatment at the University of Mississippi Medical Center ("UMMC").

¶ 4. Officer Mark Allen Berry of the Hattiesburg Police Department testified that he received a call to go to the Forrest General Hospital on February 3rd, regarding the possible abuse and sexual abuse of an infant. Officer Berry advised McClain of his Miranda rights, after which McClain signed a form explaining his Miranda rights and a waiver of these rights. McClain was subsequently indicted, tried by a jury of his peers, and convicted of the crimes of sexual battery and felonious child abuse. On October 7, 2003, McClain was sentenced to a term of forty (40) years on the count of sexual battery and a term of twenty (20) years on the count of felonious *949 child abuse, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections.

LAW AND ANALYSIS

¶ 5. According to this Court's standard of review, the admissibility of evidence rests within the trial court's discretion. Wade v. State, 583 So.2d 965, 967 (Miss.1991). Unless judicial discretion is abused, the reviewing court will not reverse the trial court's ruling. Lewis v. State, 573 So.2d 719, 722 (Miss.1990). Furthermore, the qualifications of an expert in a field of scientific knowledge is left to the sound discretion of the trial judge, and thus, the judge's determination will not be reversed unless it clearly appears that the witness is not qualified. Wilson v. State, 574 So.2d 1324, 1334 (Miss.1990).

I. EXPERT TESTIMONY

¶ 6. McClain claims that the trial court erred in allowing the State's expert witness, Dr. Gaudet, to testify and render opinions outside his area of expertise. McClain claims that the doctor's testimony was inadmissible, as the record is devoid of any evidence that would support the proposition that Dr. Gaudet had any training or experience in the forensic analysis of footprints or shoe prints. Additionally, McClain argues that the doctor's testimony is the only evidence from which the jury could conceivably conclude that the injuries sustained by Ashley were intentional rather than accidental, and thus, the felonious child abuse conviction should be reversed.

¶ 7. The direct testimony of Dr. Gaudet regarding the alleged footprint reads as follows:

By Mr. Gaddis:

Q. Doctor, let me ask some questions about that photograph, and in particular the chest area of the child. Did you find anything peculiar about the bruising of the child's chest?
A. Yes.
Q. Would you explain that to the jury, please.
A. One of the things I noticed immediately upon assessing the child is she had multiple bruises on her chest and abdomen. There's not only some bruising but some lighter markings that were evident. It doesn't show up in the photograph. Can they see the photograph?
Q. They can see the photograph over here. If you could, point to where you saw it.
A. It doesn't show up in the photograph, but there was an [un]usual appearance to her bruising. Essentially, she had a footprint on her chest and abdomen.
Mr. Davis: Objection, Your Honor. Objection. Until he can establish how he arrived at that opinion, Your Honor, then I'm going to have to object because there has been no evidence offered that would say this gentlemen qualifies to make that opinion.
The Court: I'm not following your objection, Mr. Davis. Are you saying you're objecting because there's no evidence to indicate how he arrived at that conclusion?
Mr. Davis: Yes, Your Honor. I'm basically saying that he is making a statement to facts which has actually not been established.
The Court: I think I'm going to sustain the objection. I think the objection is to the point, Mr. Gaddis.
Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
929 So. 2d 946, 2005 WL 2140613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-state-missctapp-2005.