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