Kirk v. Mississippi
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Marvin Kirk was tried and convicted of aggravated domestic violence. He was sentenced as a habitual offender to twenty years in the custody of the Mississippi Department of Corrections. The State alleged that Kirk twice had strangled his wife, Casey. At trial, witnesses testified that Casey had red
marks on her neck shortly after the alleged assaults had occurred, and Casey testified that Kirk had strangled her. Kirk denied the allegations, arguing: (1) the trial court erred in permitting law enforcement to testify to medical causation with regard to Casey's injuries appearing to be the result of strangulation, since the crime charged was in the indictment; (2) the trial court erred by denying Kirk's motion for judgment notwithstanding the verdict (or in the alternative, for a new trial); (3) the trial court erred in excluding certain letters and a text message; (4) the trial court erred by prohibiting defense counsel from cross examining Casey on a drug hair follicle test on grounds of relevancy; and (5) the trial court erred with regard to jury deliberations after the trial. Finding Kirk’s assignments of error to be without merit, the Mississippi Supreme Court affirmed his conviction and sentence.
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