RICKY L. SHOEMAKER, SR. A/K/A RICKY SHOEMAKER A/K/A RICKY L. SHOEMAKER A/K/A RICKY L. SHOEMAKER, JR. A/K/A RICKEY L. SHOEMAKER A/K/A RICKEY SHOEMAKER APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 05/23/2016
FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT HON. STEVE
S. RATCLIFF III TRIAL JUDGE.
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
JUSTIN TAYLOR COOK
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
KAYLYN HAVRILLA MCCLINTON
DISTRICT ATTORNEY: MICHAEL GUEST
GRIFFIS, P.J., WESTBROOKS AND TINDELL, JJ.
A Rankin County jury convicted Ricky Shoemaker of Count I,
sexual battery, and Count II, gratification of lust.
See Miss. Code Ann. §§ 97-3-95(1)(d) &
97-5-23(1) (Rev. 2014). On appeal, Shoemaker asserts the
following issues: (1) he received ineffective assistance of
counsel; (2) his indictment was defective; (3) his
convictions violate his right against double jeopardy; and
(4) the circuit court erroneously admitted prior-bad-acts
Finding no error, we affirm Shoemaker's convictions and
On January 16, 2015, Shoemaker's thirteen-year-old
step-granddaughter, Amy,  told her mother that Shoemaker had
sexually assaulted her on numerous occasions. Amy's
parents contacted the Rankin County Sheriff's Office,
which investigated the reported sexual abuse. On July 2,
2015, a grand jury indicted Shoemaker for Count I, sexual
battery, and Count II, gratification of lust. After
amendment, the indictment charged that, over a two-year span,
Shoemaker committed the alleged acts against Amy at a time
when Shoemaker was more than twenty-four months older than
On March 3, 2016, the State filed a notice of intent to
elicit testimony under Mississippi Rule of Evidence 404(b)
about other prior bad acts Shoemaker had committed. The
notice provided that Freedom Newton, Shoemaker's former
stepdaughter, planned to testify Shoemaker sexually assaulted
her when she was a child. The State asserted Newton's
testimony was admissible under Rule 404(b) "to prove . .
. motive, opportunity, intent, preparation, plan, knowledge,
identity, [or] absence of mistake or accident."
Shoemaker filed an unsuccessful motion to limit the trial
testimony to only the acts charged in the indictment.
At trial, Amy's mother, Becky, testified that she was
Shoemaker's cousin and had married Shoemaker's
stepson, Cliff. Becky testified that she and Cliff separated
in 2007 or 2008 and then divorced in 2010. During the
couple's marriage, the family lived next door to
Cliff's mother and Shoemaker. After the separation, Becky
and the children moved. However, Cliff continued to live next
door to his mother and stepfather, and the children visited
Cliff every other weekend and on holidays.
Becky testified that, around the time she and the children
moved, Amy failed the fourth grade and had to repeat it.
Becky also testified that Amy began having emotional
outbursts as though "something was bothering her."
However, Becky stated that she did not know at the time the
reason for Amy's outbursts.
According to Becky, when Amy was about eleven years old, she
stopped visiting her dad's house unless he asked her to
visit or unless her mother made her go. On January 16, 2015,
Amy's grandmother and Shoemaker hosted a birthday party
for Amy's younger cousin. Although Amy begged not to
attend, Becky insisted. After Amy grew hysterical, though,
Becky questioned her daughter further. Amy finally disclosed
Shoemaker's sexual abuse. Becky testified that she
believed Amy had told her the truth because of "the
sheer terror I [saw] on that child's face when she told
me, and you can't make stuff like that up." Becky
called Amy's father, who contacted the authorities. Becky
testified that Amy had "gained absolutely nothing"
by disclosing the sexual abuse. In fact, Becky stated that
Amy had continued to experience problems at school since the
disclosure and had even lost relationships with friends and
close family members who did not believe her.
Following Becky's testimony, the courtroom was cleared
for Amy, who was fourteen years old at the time of trial. Amy
stated that Shoemaker's sexual abuse began when she was
five or six and ended when she was eleven or twelve. Amy
admitted that she stopped wanting to visit her dad because
she also had to go to her grandparents' house, where
"[b]ad stuff" happened. Amy testified that the
"[b]ad stuff" happened "a lot" when she
and Shoemaker were alone together in his car, his house, and
her dad's house.
According to Amy, Shoemaker touched both the outside and
inside of the "private areas between [her] legs"
with his hands. Amy testified that Shoemaker touched her both
on top of and underneath her clothes in her "private
areas" and that he touched her chest with both his hands
and his mouth. In addition, Amy stated that Shoemaker made
her massage "his private areas" with her hands and
that sometimes a "[g]ooey, whitish, clearish"
substance came out.
Amy testified that Shoemaker said no one would believe her if
she revealed the sexual abuse. She stated that Shoemaker also
said any disclosure would get him into trouble, which would
negatively affect Amy's younger cousin who lived with
Shoemaker and his wife. After finally revealing the abuse to
her mother, Amy testified that "a lot" had changed
and that she was no longer as close to several family
Sheila Tucker, a juvenile investigator with the Rankin County
Sheriff's Department, next testified for the State. Based
on her investigation into the reported sexual abuse, Tucker
contacted the Children's Advocacy Center and scheduled a
forensic interview for Amy. From a nearby room, Tucker
observed Amy's interview. Tucker stated that Amy seemed
nervous and embarrassed to talk about the sexual abuse.
However, Tucker further testified that Amy told the
interviewer "that on different occasions [Shoemaker]
would rub her on her no[-]no spots, what she called her
vaginal spots, what she pointed [to] on the diagram" the
forensic interviewer provided. Amy further told the forensic
interviewer that Shoemaker "would touch her under her