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Mickens v. State

Evidence showed that the defendant's DNA matched that of the rape victim's attacker, the defendant's DNA profile would occur in his race group once out of 200 quadrillion people, and he had committed a similar rape.

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Nelson Mickens appeals from the denial of his amended motion for new trial following his conviction by a jury of aggravated assault1 and rape.2 He contends that 1 the State failed to establish a proper chain of custody for the evidence; 2 the trial court erroneously failed to dismiss a juror or grant a mistrial based on a juror’s alleged misconduct; 3 the trial court improperly commented on the evidence; 4 the trial court gave an improper jury charge on the length of its deliberation; 5 trial counsel was ineffective; and 6 the evidence was insufficient to support the conviction. Finding no merit to these arguments, we affirm.

Construed in favor of the verdict,3 the evidence shows that at approximately 9:00 p.m. one evening in December 2004, J.O. was stopped at a gas station after leaving early from her shift as an exotic dancer. Mickens was at the gas station in his vehicle and stopped J.O. to ask her for directions. As they spoke, Mickens pushed J.O. into his car and drove her to a nearby motel parking lot, where he forcibly had sexual intercourse with her in his car. Mickens then drove her back to the gas station, pushed her out of her car, and drove away. J.O. went home and called her fiancee, who took her to the police station. After speaking with police, J.O. was taken to a hospital, where a rape examination kit was used to take cervical and vaginal swabs.

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