Miley v. State

935 So. 2d 998, 2006 WL 2291178
CourtMississippi Supreme Court
DecidedAugust 10, 2006
Docket2005-KA-01135-SCT
StatusPublished
Cited by20 cases

This text of 935 So. 2d 998 (Miley 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
Miley v. State, 935 So. 2d 998, 2006 WL 2291178 (Mich. 2006).

Opinion

935 So.2d 998 (2006)

Samuel Lee MILEY
v.
STATE of Mississippi.

No. 2005-KA-01135-SCT.

Supreme Court of Mississippi.

August 10, 2006.

*999 Edmund J. Phillips, Jr., attorney for appellant.

Office Of The Attorney General by John R. Henry, attorney for appellee.

Before SMITH, C.J., WALLER, P.J., and DICKINSON, J.

*1000 WALLER, Presiding Justice, for the Court.

¶ 1. A jury in the Circuit Court of Scott County, Mississippi, convicted seventy-six-year-old Samuel Lee Miley of the statutory rape of his girlfriend's fifteen-year-old daughter pursuant to Miss.Code Ann. § 97-3-65(1)(a) (Rev.2000). Miley was sentenced to five years in the custody of the Mississippi Department of Corrections. Miley appealed the circuit court's judgment after the circuit court denied his motions for a directed verdict and for a new trial or judgment notwithstanding the verdict, and his request for a peremptory instruction. We affirm the circuit court's judgment.

FACTS

¶ 2. Miley lived with his girlfriend who had a fifteen-year-old daughter, K.S. On a Monday holiday (Martin Luther King, Jr., Day) in 2004, Miley was at home alone with K.S., who was home from school. Miley's girlfriend was at work. According to K.S.'s testimony at trial, she and Miley were sitting on the couch together when Miley stated, "You don't take care of me." Miley then immediately instructed her to don a white tee shirt. K.S. testified at trial that she knew from past experience that Miley meant for her to take off all of her clothing, wear nothing but the white tee shirt, and have sex with him.

¶ 3. On the day in question, Miley used a particular brand of lubrication. K.S. told no one of the incident until Thursday of that same week, when she heard the issue of rape being discussed on a talk show. She then told her aunt and cousin what had happened. The minor later apprised her mother of the incident, and the mother believed her daughter because the brand of lubrication she mentioned was exactly the brand Miley used in his regular sexual encounters with the mother. The next day, Friday, the Department of Human Services took custody of the victim.

¶ 4. K.S. testified that Miley was the sole disciplinarian in the house and would punish her regularly, including prohibiting visits to her grandmother for a year when she once misbehaved in school.

¶ 5. Miley did not testify at trial and did not call witnesses to his defense. No medical evidence of intercourse was offered.

¶ 6. Once the State rested, Miley moved for a directed verdict. The circuit court denied the motion and Miley's request for a peremptory instruction. The jury found Miley guilty of statutory rape, and he was sentenced to five years in the custody of the Mississippi Department of Corrections. Miley then moved for a new trial or J.N.O.V. After the circuit court denied this motion, Miley appealed.

DISCUSSION

I. WHETHER THE CIRCUIT COURT ERRED BY DENYING MILEY'S MOTION FOR A DIRECTED VERDICT, MOTION FOR A NEW TRIAL/J.N.O.V. OR THE REQUEST FOR A PEREMPTORY INSTRUCTION.

Sufficiency of the Evidence

¶ 7. In considering whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows beyond a reasonable doubt that accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction. However, this inquiry does not require a reviewing court to "ask itself whether it believes that the *1001 evidence at the trial established guilt beyond a reasonable doubt." Instead, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Bush v. State, 895 So.2d 836, 843 (Miss.2005) (citing Jackson v. Virginia, 443 U.S. 307, 315, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).) Should the facts and inferences considered in a challenge to the sufficiency of the evidence "point in favor of the defendant on any element of the offense with sufficient force that reasonable men could not have found beyond a reasonable doubt that the defendant was guilty," the proper remedy is for the appellate court to reverse and render. Bush, 895 So.2d at 843 (quoting Edwards v. State, 469 So.2d 68, 70 (Miss.1985)). However, if a review of the evidence reveals that it is of such quality and weight that, "having in mind the beyond a reasonable doubt burden of proof standard, reasonable fair-minded men in the exercise of impartial judgment might reach different conclusions on every element of the offense," the evidence will be deemed to have been sufficient. Bush, 895 So.2d at 843 (quoting Edwards, 469 So.2d at 70).

¶ 8. Under Miss.Code Ann. § 97-3-65(1)(a) (Rev.2000), the following elements must be proven beyond a reasonable doubt: (1) the alleged victim must be at least fourteen at the time of the rape but under sixteen years of age; (2) the accused must be at least seventeen years of age and more than thirty-six months older than the victim; (3) the victim must not be the accused's spouse; and (4) the two must have engaged in sexual intercourse (meaning "the penis of the male is inserted into the vagina of the female"). Here, the only element under dispute is the "sexual intercourse" element.

¶ 9. Considering the evidence in the light most favorable to the State, we find that there was sufficient evidence to convict Miley of statutory rape. K.S. testified that she was alone in the house with Miley, that Miley was sitting near her on the couch and stated, "You don't take care of me." Immediately after this statement, Miley told K.S. to put on a white tee shirt. It is undisputed that she also took off everything else and wore nothing but the white tee shirt. The victim testified that Miley's penis did penetrate her vagina, and she gave explicit detail of the incident (including testifying as to the approximate length of time engaged in intercourse and the approximate height above the floor at which her calves were positioned as they dangled from the bed on which she lay).

¶ 10. Miley argues that since K.S. is the only eyewitness to the alleged penetration, and since the victim was not fond of Miley's disciplining methods and admitted that she had no affinity for Miley, her testimony as to sexual intercourse was suspect and therefore insufficient for conviction. However, the unsupported word of the victim of a sex crime is sufficient to support a guilty verdict where that testimony is not discredited or contradicted by other credible evidence. Collier v. State, 711 So.2d 458, 462 (Miss.1998) (citing Christian v. State, 456 So.2d 729, 734 (Miss.1984)); Inman v. State, 515 So.2d 1150, 1152 (Miss.1987); Doby v. State, 532 So.2d 584, 591 (Miss.1988); Ragland v. State, 403 So.2d 146, 147 (Miss.1981). See also Williams v. State, 512 So.2d 666 (Miss.1987) (where nudity, in the totality of the circumstances, was an indicator of rape despite the victim's inability to communicate anything directly to the court).

¶ 11.

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Cite This Page — Counsel Stack

Bluebook (online)
935 So. 2d 998, 2006 WL 2291178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miley-v-state-miss-2006.