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Keyes v. State

March 04, 1999

CLEOTHA KEYES
v.
STATE OF MISSISSIPPI



Before Pittman, P.j., Banks And Mills, JJ.

The opinion of the court was delivered by: Mills, Justice

DATE OF JUDGMENT: 06/25/1997

TRIAL JUDGE: HON. JOHN H. WHITFIELD

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION: AFFIRMED - 3/4/99

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

STATEMENT OF THE CASE

¶1. On July 10, 1996, Appellant Cleotha Keyes was indicted for the crime of sexual battery of a child under the age of fourteen (14) years in violation of Miss. Code Ann. § 97-3-95 (1994). The case was tried in the Circuit Court for the First Judicial District of Harrison County. The jury returned a verdict of guilty and Keyes was subsequently sentenced to a term of fourteen (14) years in the custody of the Mississippi Department of Corrections. Aggrieved, Keyes raises the following issues on appeal:

I. WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN REFUSING TO DISMISS THE CASE AFTER THE STATE COAXED THE VICTIM FOR ONE HOUR AND TWENTY MINUTES IN ORDER TO PERSUADE THE HER TO TESTIFY.

II. WHETHER THE STATE ENGAGED IN EXCESSIVE LEADING DURING DIRECT EXAMINATION OF A.B.

FACTS

¶2. At the time the alleged battery occurred, A.B. *fn1 , age nine, was living with her mother, her five year old sister, C.D., and her mother's boyfriend, Cleotha Keyes. On December 29, 1995, Cleotha Keyes and A.B. were alone at the house. Keyes called A.B. into the bedroom, told her to lie on the floor, pulled down his pants, and put his penis into A.B.'s mouth. A.B. responded by biting his penis. Keyes then "tongue kissed" A.B., took her into her bedroom, and tied her hands and feet to the bed posts using four jump ropes. While A.B. was tied to the bed Keyes told her that he would kill her. Keyes then left ...


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