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Corser v. State

Court of Appeals of Mississippi

December 3, 2013

JOHN EDWARD CORSER A/K/A JOHN E. CORSER A/K/A JOHN E. CORSER, SR. A/K/A JOHN EDWARD CORSER, SR. A/K/A JOHN CORSER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: HANCOCK COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 06/22/2012. TRIAL JUDGE: HON. JOHN C. GARGIULO. TRIAL COURT DISPOSITION: CONVICTED OF COUNT I, SEXUAL BATTERY, AND SENTENCED TO THIRTY-FIVE YEARS; COUNT II, SEXUAL BATTERY, AND SENTENCED TO THIRTY-FIVE YEARS, WITH BOTH SENTENCES TO RUN CONCURRENTLY AND TO BE SERVED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PARDON, PAROLE, OR SUSPENSION OF SENTENCE.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES, MOLLIE MARIE MCMILLIN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

BEFORE IRVING, P.J., ROBERTS AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON, FAIR AND JAMES, JJ., CONCUR. BARNES AND MAXWELL, JJ., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CRIMINAL - FELONY

IRVING, P.J.

¶1. This appeal arises from the Hancock County Circuit Court's denial of John Edward Corser's motion in limine to exclude evidence of his vasectomy and his Viagra use. A jury found Corser guilty on two counts of sexual battery, and the circuit court sentenced him to thirty-five years for each sexual-battery conviction, with the sentences to run concurrently. Corser argues that the circuit court erred in allowing the State to present

Page 358

evidence of his vasectomy and his Viagra use because the evidence was prejudicial and had no probative value.

¶2. Finding no reversible error, we affirm.

FACTS

¶3. In 2009, Corser lived with his wife Amy, his twelve-year-old stepdaughter Marie,[1] his stepson Jacob, and his and Amy's biological son Timothy. On October 24, 2009, Timothy had a birthday party at their home. Once the birthday party concluded, Amy left, and Corser decided to stay home with their children and the remaining party guests. While Marie sat on the couch, Corser began touching her between her legs over her clothes. When she told Corser to stop, he grabbed her by her jacket and pulled her into the bathroom. Corser closed the bathroom door, bent her over the toilet, pulled her pants down, and inserted his penis into her vagina. Afterwards, Corser turned Marie around, placed his hands around her neck, and told her not to tell anyone or he would kill her and her mother.

¶4. Corser would always get home from work thirty minutes to an hour before Amy did and would go to his and Amy's bedroom, close the door, and stay in the bedroom for a while. One day in December 2009, after Corser had arrived home from work and spent time in the couple's bedroom, he told Jacob to go take a shower and told Timothy to go play in the game room. Corser took Marie to her bedroom, locked the door, and forced Marie to have sexual intercourse with him on her bed. The abuse would occur almost daily unless Amy was off work.

¶5. Jacob's testimony corroborated Marie's testimony regarding both the October and December incidents. During the October incident, Jacob knocked on the bathroom door. Marie responded that she was almost done using the bathroom, sounding scared and panicked. Soon after, Jacob saw Corser's face when Corser opened the bathroom door slightly. During the December incident, Jacob heard Marie crying inside her bedroom while Corser was in the bedroom with her. He ...


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