FROM THE MILLER COUNTY CIRCUIT COURT [NO. 46CR-16-577]
HONORABLE CARLTON D. JONES, JUDGE
Phillip A. McGough, P.A., by: Phillip A. McGough, for
Rutledge, Att'y Gen., by: Michael A. Hylden, Ass't
Att'y Gen., for appellee.
M. GLOVER, JUDGE
Goins was tried by a jury and found guilty of the offense of
rape. His victim, TL, was under fourteen years old at the
time of the offense. Goins raises four points of appeal,
contending the trial court erred in denying 1) his motions
for directed verdict based on pre-trial and trial-defense
motions, 2) his motion for directed verdict based on defense
arguments concerning inconsistencies between the victim's
pre-trial and trial testimony, 3) his motion for directed
verdict restricting defense arguments concerning the
relationship between the victim's mother and Goins being
the motive for the charges against him, and 4) his objection
to jail-phone recordings being admitted for the jury to hear.
testified she was born on October 23, 2001. She stated she
was thirteen years old when she met Goins at the Fox Creek
Apartments in Texarkana. TL explained she lived in an
apartment complex located next door to his. According to her,
approximately two weeks after meeting Goins, they had sex for
the first time. She described several subsequent sexual
encounters with Goins. As abstracted, she described in part
her first sexual encounter with Goins as follows:
One night we were outside. He asked me if I wanted to go to
the store and I said yes. And we didn't go to the store
right away. And we, we went somewhere and had sex. No,
ma'am, I do not remember about what time of year it was.
Yes, ma'am, I do remember it was before my fourteenth
Yes, ma'am, it was a burgundy car with tinted windows. I
can tell you what happened in the burgundy car with tinted
windows. We had sex. I don't know where he parked and
told me that he would not hurt me, that I'd be okay. He
told me to take off my clothes and he got out of the car and
got in the back seat where I was and we had sex. He said
everything was going to be okay and he was not going to hurt
I can tell you what I mean when I say he had sex with me.
When a male sticks their penis in a female's vagina, Yes
ma'am, that did happen. No, ma'am, I do not know what
made it stop. Next, we left. No, ma'am, I do not know if
anything came out of his penis. No, ma'am, nothing came
out of my vagina. Then we left and went to Church's and
back to Fox Creek.
I remember that it made my vagina feel weird. . . . It was my
first time so it felt weird.
testified about at least six additional sexual encounters
with Goins. She described another time they had sex in the
same burgundy car in the parking lot of the Links Apartments.
She testified Goins "started licking my vagina and then
we start[ed] having sex." She said she took her clothes
off; he just pulled down his pants; he told her to turn
around and bend over; he was behind her and he started having
sex, which she again described as a "man's penis
going in the vagina"; and she said that was what
happened that day at the Links Apartments.
explained they also had sex in a Fox Creek apartment where
nobody lived because it was getting fixed. They were in one
of the rooms in the apartment; they had sex in that room. She
said her pants came off; his pants "got pulled
also described a sexual encounter that took place in his
apartment at Fox Creek where he lived with the mother of his
children. TL testified they did not have sex, but she
described the encounter as going into his room and "his
penis was in my mouth." The kids were outside playing.
described another time when they were parked by the
fairgrounds and had sex in the burgundy car. She said when
they finished having sex, Goins grabbed a towel. TL
acknowledged that when she said they had sex, it was the same
definition she had previously given. She then described a
time when he came to get her at the Village Park South
apartments, and they "went somewhere" where they