Robert M. Harris v. Claud L. Johnson

Citation: Not availableDocket: 1998-CA-01573-SCT

Court: Mississippi Supreme Court; October 15, 1998; Mississippi; State Supreme Court

Original Court Document: View Document

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Robert L. Johnson died intestate in 1938, leaving behind a legacy of musical recordings that eventually gained significant interest, prompting the opening of his estate in 1989. His last surviving sibling, Caroline Thompson, bequeathed her rights to Johnson's works to her grandson, Robert M. Harris, and half-sister, Annye Anderson. Claud L. Johnson claimed to be Johnson’s illegitimate son and entered the proceedings in 1992, but his initial claim was dismissed due to being time-barred. However, the Supreme Court of Mississippi later reversed this dismissal, allowing for a hearing on Claud's claim. Following an evidentiary hearing, the chancery court declared Claud as the biological son and sole heir of Johnson. 

Harris and Anderson appealed, challenging the chancery court's findings as not supported by clear and convincing evidence. They argued that the decision relied on contradictory witness testimonies, hearsay, and lacked DNA evidence. The Supreme Court upheld the chancery court's ruling, stating that the evidence was sufficient to establish Claud's paternity. The court affirmed the lower court's decision, with subsequent motions for rehearing denied.

Claud testified at trial that he had always been told Robert Johnson, the blues singer, was his father, recalling two visits from Johnson at his home and identifying him in photographs. Claud adopted the surname Johnson upon reaching adulthood, prior to the estate being opened, and presented his birth certificate from 1931, which names 'R.L. Johnson, laborer' as his father. His mother, Virgie Mae Cain, confirmed in a video deposition that Johnson was Claud's father and the only man she had been intimate with at the time of conception, stating that Johnson visited after Claud's birth. This was supported by community witnesses Pearlina Strickland and Mack Brown, who testified to the community's belief that Johnson was Claud's father and recounted seeing the three together during Claud's infancy.

Eula Mae Williams, another childhood friend of Virgie Mae, provided deposition testimony that contradicted Virgie Mae's claim of no witnesses to her and Johnson's intimacy. Eula Mae testified that she observed Virgie Mae and Johnson engaging in sexual intercourse in the spring of 1931, prior to Claud's December birth. Eula Mae described a shared experience where she, her boyfriend, Virgie Mae, and Johnson were in a wooded area, during which both couples were involved in intimate activities simultaneously. Eula Mae affirmed that she had witnessed this interaction, indicating a level of familiarity and social interaction among them during that time.

Key points include witness testimony regarding an intimate encounter between individuals, with acknowledgment of the presence of the witness's boyfriend. Eula Mae testified about a conversation with R.L. Johnson years after Claud's birth, indicating Johnson's lack of intent to return due to the witness's marriage and family status. The testimony was deemed credible, supporting the claim that Claud is the biological child of Robert Johnson, despite the absence of DNA evidence due to Johnson's unmarked grave. The chancellor applied the clear and convincing evidence standard appropriately, concluding that the evidence presented was substantial and rational, despite some contradictions typical in long-ago paternity cases.

The admissibility of Claud's birth certificate was contested on the grounds that it did not comply with Mississippi health regulations for illegitimate children in 1931, which prohibited naming the father. The court noted that judges are capable of disregarding inadmissible evidence and alluded to potential equal protection issues that could affect the birth certificate's admissibility. However, the constitutional aspects were not explored in this ruling. Overall, the chancellor's decision was upheld, reflecting a well-reasoned application of the law.

The statement regarding Claud's birth certificate is deemed admissible under M.R.E. 804(b)(4)(B) and M.R.E. 803(24) due to its trustworthiness. M.R.E. 804(b)(4) allows for statements about personal or family history from an unavailable declarant, with Mrs. Marilda Smith, Claud's grandmother, serving as the declarant. She had no motive to falsify the information, which had remained uncontested for nearly 60 years and aligned with testimonies from Claud's mother and childhood friends. Additionally, M.R.E. 803(24) permits the admission of statements with equivalent trustworthiness guarantees if they are material, more probative than other evidence, and serve the interests of justice. 

Concerning the cause of Robert L. Johnson's death, appellants argue that the chancery court undervalued the death certificate indicating syphilis as the cause. Expert Dr. Alfio Rausa testified that syphilis was prevalent among black men in the Mississippi Delta during that time but also noted that men with active syphilis still had a high chance of fathering children. The chancellor found insufficient evidence to confirm Johnson had syphilis or was impotent during Claud's conception, stating that mere possibility is not sufficient. Ultimately, the court affirmed the chancellor's ruling that Claud L. Johnson is Robert L. Johnson's biological son.