Akilah Denise Watson a/k/a Akilah D. Watson a/k/a Akilah Watson v. State of Mississippi

Summary

The Mississippi Court of Appeals affirmed Akilah Watson’s convictions for two counts of felony child abuse and her concurrent sentences. The court held that Watson waived her evidentiary challenge by failing to object at trial, that sufficient evidence supported the conviction involving use of a pistol, and that admission of evidence concerning other abuse incidents was not plain error. The court declined to address Watson’s ineffective-assistance-of-counsel claim on direct appeal without prejudice to pursuing it in post-conviction proceedings.

Holdings

1. Watson waived her evidentiary objection by failing to object at trial, and the record did not show plain error because the trial judge did not violate a clear legal rule by failing to exclude Rule 404(b)-type evidence sua sponte.
2. The evidence was sufficient to support Watson's conviction for felony child abuse based on using a pistol upon Anna during the period alleged in the indictment.
3. The court declined to decide Watson's ineffective-assistance claim on direct appeal because the record was insufficient, without prejudice to her right to raise the claim in a properly filed motion for post-conviction relief.

Questions Presented

1. Whether the trial court plainly erred by admitting evidence of unindicted incidents of abuse under Mississippi Rules of Evidence 404(b) and 403 without a contemporaneous defense objection.
2. Whether the evidence was sufficient to support Watson's conviction for using a deadly weapon upon Anna between January 1 and July 6, 2023.
3. Whether Watson's trial counsel was ineffective for failing to object to evidence of unindicted incidents of abuse on direct appeal.

Disposition

affirmed