At 2:00 the COA will hear the case of John Ray Kidd v. State
Kidd was convicted in 1999 of sexual battery and two counts of rape of a waitress he picked up at a bar in Tupelo. His conviction was affirmed on direct appeal. The Miss.S.Ct. granted his seventh motion for pcr allowing him to proceed in the trial court based based on witnesses who would testify that the victim had pursued Kidd which would shore up his defense that the sex was consensual.
At the hearing, Kidd presented several witnesses including Dawn Pannell, who testified that she overheard bar owner Roger Grimes tell the victim that she could make some money from John Kidd if she got him off somewhere and afterwards state that he forced himself on her. The victim told Dawn Pannell that she was going to get that money from Kidd’s father. Months later the victim told Pannell that Kidd went to jail because they wouldn’t pay and actually she and Kidd never even had sex. Pannell came forward after she had seen a news broadcast concerning Kidd’s case. The trial court denied relief on the grounds that the new witnesses lacked credibility. Kidd appeals.
State of Mississippi’s brief
Watch the argument here