Legal Opinion

Gabriel v. State

Court of Appeals of Mississippi

Decided July 24, 2018No. 2016-KA-01669-COAPublished

1Opinion of the Court

GRIFFIS, P.J., FOR THE COURT:

¶ 1. Thomas Earl Gabriel appeals his conviction of child molestation and argues that the trial court erroneously admitted into evidence his statement to the police. Because we find the statement was neither relevant, nor probative, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶ 2. In 2015, Gabriel lived with his wife Ann, Ann's daughter Ashley, and Ashley's three young children. On March 5, 2015, Ashley was changing her son's diaper when her four-year-old daughter Amber1 indicated that Gabriel had touched her inappropriately. Specifically, Ashley stated she…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Hughes v. StateMississippi Supreme Court · 1999
  3. Smith v. StateMississippi Supreme Court · 2008
  4. Jefferson v. StateMississippi Supreme Court · 2002
  5. Wade v. StateMississippi Supreme Court · 1991

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