Before McMILLIN, P.j., Diaz, And Payne, JJ.
The opinion of the court was delivered by: McMILLIN, P.j.,
DATE OF JUDGMENT: 03/11/97
TRIAL JUDGE: HON. W. SWAN YERGER
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
ATTORNEYS FOR APPELLANT: NATHAN HENRY ELMORE ROBERT M. RYAN THOMAS M. FORTNER
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: RAPE: SENTENCED TO SERVE A TERM OF 20 YRS IN THE MDOC
DISPOSITION: AFFIRMED - 12/18/98
¶1. Louis Allison was convicted of the forcible rape of RM, a former girlfriend. He has appealed raising two issues. We conclude that the issues are without merit and, therefore, affirm Allison's conviction.
¶2. This case presents a classic instance of two people relating substantially different versions of events that occurred at a time when they were the only witnesses to those events. We will begin with the version related by the victim, who testified on behalf of the State.
¶3. RM was enticed to Allison's residence by representations that she had left certain items at the residence prior to the breakup of their romance. She went in the company of a female companion who waited in the car while RM reluctantly agreed to go into the house to retrieve whatever items Allison had called about. Once inside the house, Allison locked the door and became belligerent and threatening, suggesting that he would kill both RM and her companion. He physically assaulted her and forced her to disrobe and don a tee-shirt that had some prior significance in their relationship. In an effort to extricate her friend from danger, RM persuaded Allison to take the friend back home. All three individuals made the trip, and RM feigned her willingness to go back home with Allison in order to get her friend safely from Allison's range of control. Once back at Allison's home, Allison began a bizarre game with her that he called "three strikes," which involved him asking her a series of questions. If her answer to a question was unsatisfactory, she would receive "one strike." If she "struck out," Allison announced his intention to kill her. His first question involved an inquiry as to the identity of other men with whom she had recently been intimately involved. When she replied that there were none, Allison struck her a blow to the head. The physical assault continued and Allison forced her to engage in unwanted sexual intercourse.
¶4. Ultimately, it was discovered that she was bleeding from her vaginal area due to the forced sexual activity and Allison drove her to a hospital emergency room. Once within the safety of the examining room, RM reported the rape to hospital personnel and the police were summoned. Upon arrival, the officers ...