ABDALRAHIM HASAIN A/K/A ABDALRAHIM HASSIN A/K/A ADBALRAHIM SHADI HASIN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 09/12/2017
HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON.
CHRISTOPHER LOUIS SCHMIDT
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
MOLLIE MARIE McMILLIN
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ALICIA MARIE AINSWORTH
J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.
Following a jury trial, Abdalrahim Hasain was convicted in
the Harrison County Circuit Court for deserting, neglecting,
or refusing to support a child under eighteen under
Mississippi Code Annotated section 97-5-3 (Rev. 2014). Hasain
was sentenced to serve five years in the custody of the
Mississippi Department of Corrections with four years to
serve and one year of post-release supervision. The circuit
court denied Hasain's motion for a new trial and he
appeals. After review of the record, we affirm.
AND PROCEDURAL HISTORY
Trina Johnson gave birth to a girl, Jane,  in 2000. Trina
testified that Jane has autism and requires around-the-clock
care. In 2002, a paternity test established that Hasain was
Jane's father. As a result, a judgment was entered
against Hasain for $125 per month in child support plus $25
per month until he satisfied his $1, 500 arrearage. The
chancery court also entered an order of withholding for the
monthly amount of support and an additional amount to cover
The record reflects that Hasain made two $20 payments in 2016
for child support after he had been indicted for his failure
to pay. But he never paid any additional child support. The
record also reflects that from 2002 to 2017 Hasain worked
several jobs; yet he never made any child support payments.
After an investigation by the Attorney General's Office,
Hasain was arrested in Memphis, Tennessee. After the
conclusion of the trial, Hasain filed a motion for a new
trial, which the trial court denied. Hasain appeals.
"Our role as [an] appellate court is to review the trial
court's decision to grant or deny a new trial for an
abuse of discretion." Little v. State, 233
So.3d 288, 292 (¶21) (Miss. 2017). Moreover, "[i]n
carrying out this task, we weigh the evidence in the light
most favorable to the verdict, only disturb[ing] a verdict
when it is so contrary to the overwhelming weight of the
evidence that to allow it to stand would sanction an
unconscionable injustice." Id. (internal
quotation mark omitted).
Hasain asserts that the trial court erred in denying his
motion for a new trial, because the evidence overwhelmingly
supports his defense that he did not ...