282 So.3d 467
Miss. Ct. App.2019Background
- Dontrey Craig and Sabina had a non-legal religious marriage, two children, and separated in Jan. 2015; Sabina moved to Biloxi in June 2015.
- On July 18, 2015, Craig entered Sabina’s apartment uninvited, took her cell phones, and later returned the same night, assaulted her, and prevented her from leaving.
- Craig physically restrained Sabina (covered her mouth/nose, threatened to kill her) and confined her in the apartment for over twelve hours while police were nearby.
- Craig forced Sabina into the bedroom, removed her clothing, and repeatedly vaginally penetrated her without consent; Sabina suffered abrasions and bleeding.
- Hospital exam produced DNA from a swab of Sabina’s chest containing both Craig’s and Sabina’s DNA; vaginal swabs were not obtained due to heavy menstrual bleeding.
- Craig was convicted by a jury of kidnaping and sexual battery; the trial court denied post-trial relief. Craig appealed, arguing insufficiency and weight-of-evidence errors; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for kidnaping | State: Sabina’s testimony and physical evidence show forcible confinement and threats preventing escape | Craig: Evidence insufficient to prove forcible confinement | Affirmed — evidence sufficient to convict of kidnaping |
| Overwhelming weight of evidence for kidnaping | State: No contradictory evidence; jury credibility calls | Craig: Verdict against the weight of evidence | Affirmed — no abuse of discretion in denying new trial |
| Sufficiency of evidence for sexual battery | State: Testimony that Craig repeatedly penetrated Sabina without consent; corroborating bruises/DNA | Craig: Cites Easterling — lack of vaginal trauma/DNA undermines proof of sexual battery; argues conduct was reconciliatory persuasion | Affirmed — testimony and circumstantial evidence suffice despite absence of vaginal swab evidence |
| Overwhelming weight of evidence for sexual battery | State: Medical and testimonial evidence support conviction | Craig: Verdict against weight given lack of direct vaginal DNA/trauma | Affirmed — jury verdict not against overwhelming weight of evidence |
Key Cases Cited
- Lenoir v. State, 222 So. 3d 273 (Miss. 2017) (standard for reviewing sufficiency of evidence)
- Poole v. State, 46 So. 3d 290 (Miss. 2010) (deference to jury on whether State proved elements)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (standard for reviewing denial of a new trial—defer to jury on credibility)
- Graham v. State, 185 So. 3d 992 (Miss. 2016) (previous kidnaping conviction affirmed on comparable facts)
- Easterling v. State, 82 So. 306 (Miss. 1919) (old authority discussing when sexual conduct may be insufficient to show felonious intent; relied on by defendant but distinguished by court)