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Derome M. Cavitt v. State of Mississippi
159 So. 3d 1199
| Miss. Ct. App. | 2015
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Background

  • Cavitt was convicted in Rankin County Circuit Court of burglary of a dwelling and sentenced as a habitual offender to 25 years MDOC, without probation or parole.
  • The burglary involved entering by removing a window screen and forcing the window lock; a fingerprint on the window frame was recovered and matched Cavitt.
  • Detectives linked Cavitt to the crime after learning his sister resided in the same apartment complex.
  • Cavitt’s alibi defense was provided by his former girlfriend Lowe, who testified Cavitt was at home except for brief times in the morning.
  • The State presented expert fingerprint testimony and eyewitness accounts of the stolen items; Cavitt moved for directed verdict and later JNOV/new trial, all denied.
  • On appeal Cavitt challenged sufficiency of the evidence and the weight of the evidence; the appellate court affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence to support burglary Cavitt argues fingerprint alone is insufficient. State contends fingerprint plus circumstances proves guilt. Sufficient proof supported conviction.
Verdict against the overwhelming weight of the evidence Lowe’s alibi shows innocence and undermines the verdict. Jury reasonably weighed alibi evidence and credibility. No abuse of discretion; verdict not against weight of evidence.

Key Cases Cited

  • Corbin v. State, 585 So.2d 713 (Miss. 1991) (fingerprint on other objects without tying to crime requires corroboration)
  • Deloach v. State, 658 So.2d 875 (Miss. 1995) (fingerprint alone insufficient; must rule out lawful access)
  • Wooten v. State, 513 So.2d 1251 (Miss. 1987) (fingerprint plus circumstances may prove guilt)
  • Bell v. State, 125 So.3d 75 (Miss. Ct. App. 2013) (directed verdict and JNOV standard; view evidence in light most favorable to State)
  • Kirkwood v. State, 52 So.3d 1184 (Miss. 2011) (elements of burglary include unlawful entry and intent)
Read the full case

Case Details

Case Name: Derome M. Cavitt v. State of Mississippi
Court Name: Court of Appeals of Mississippi
Date Published: Mar 24, 2015
Citation: 159 So. 3d 1199
Docket Number: 2013-KA-01890-COA
Court Abbreviation: Miss. Ct. App.