Legal Opinion

Graham v. State

Court of Appeals of Mississippi

Decided September 3, 2013No. 2011-KA-00303-COAPublishedCited by 1 opinion

1Opinion of the Court

GRIFFIS, P.J.,

for the Court:

¶ 1. John T. Graham appeals his conviction of sexual battery of a victim under the age of fourteen, in violation of Mississippi Code Annotated section 97 — 3—95(l)(d) (Supp.2012). Graham asserts two errors. First, he argues that the prosecutor’s arguments were improper and amounted to misconduct. Second, Graham argues that the trial court erred by failing to make a finding as to the competency of the four-year-old witness and that the witness should not have been allowed to testify while she sat with her father. We find no error and affirm.

FACTS1

¶ 2. On May 26,…

2Cases cited11 opinions

  1. Holland v. StateMississippi Supreme Court · 1997
  2. Lanier v. StateMississippi Supreme Court · 1988
  3. Mohr v. StateMississippi Supreme Court · 1991
  4. Hiter v. StateMississippi Supreme Court · 1995
  5. Ormond v. StateMississippi Supreme Court · 1992

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3Cited by1 opinion

  1. Jamie Danielle Carpenter v. State of MississippiCourt of Appeals of Mississippi · 2016

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