Jeremy Cage v. State of Mississippi
149 So. 3d 1038
| Miss. | 2014Background
- Victim A.S., age 13, reported being grabbed from behind and raped on Aug. 26, 2010; she later identified her cousin Jeremy Cage (born 1989) as the assailant.
- DNA from A.S.’s rape kit contained a mixture that did not exclude Cage and statistically excluded over 99% of the population.
- Cage was indicted for statutory rape (Miss. Code § 97-3-65(1)(b)) and tried in Holmes County Circuit Court; jury convicted and court sentenced Cage to 20 years.
- Defense sought to cross-examine the victim’s mother, Angel Spann, about an affidavit asking dismissal of charges; the court excluded the affidavit as irrelevant.
- Defense sought to elicit testimony from K.J. about the victim’s prior sexual behavior and alleged later recantation; court limited testimony under Mississippi Rule of Evidence 412.
- Cage argued ineffective assistance for failure to produce a defense DNA expert (funding authorized) and alleged juror misconduct post-verdict; appellate record lacked sufficient proof on both claims.
Issues
| Issue | Cage's Argument | State's Argument | Held |
|---|---|---|---|
| 1. Whether cross-examination of Angel about her affidavit was improperly limited | Excluding affidavit prevented jury from assessing Angel’s bias/interest | Affidavit irrelevant to guilt or witness bias on facts at trial; prosecution discretion to continue case | Trial court did not abuse discretion; exclusion proper |
| 2. Whether testimony of K.J. about victim’s past sexual behavior should have been admitted | K.J.’s testimony would impeach victim’s credibility and identify alternate DNA source | Past sexual behavior inadmissible under Rule 412 absent timely written motion and offer of proof | Exclusion proper: defense failed to comply with Rule 412(c) timing; limited testimony allowed was sufficient |
| 3. Whether Cage received ineffective assistance of counsel | Counsel failed to secure/use a defense serologist/DNA expert despite funding, prejudicing defense | Record unclear whether counsel tried to obtain or intentionally declined to call an expert; insufficient record to resolve | Claim denied without prejudice; preserve for post-conviction relief because record insufficient for Strickland review |
| 4. Whether trial court erred denying new trial for alleged juror misconduct | Newly discovered affidavit (not in trial record) shows juror lied in voir dire warranting new trial | Affidavit not part of trial record; appellant failed to present full record to appellate court | Issue not addressed on merits because appellant failed to include necessary record; appeal confined to trial record |
Key Cases Cited
- Jefferson v. State, 818 So. 2d 1099 (discretionary review of cross-examination limits)
- Hickman v. State, 73 So. 3d 1156 (deference to trial court evidentiary rulings)
- Johnston v. State, 567 So. 2d 237 (scope of cross-examination)
- Tillis v. State, 661 So. 2d 1139 (Rule 616 relevance requirement and interplay with other evidence rules)
- Hughes v. State, 735 So. 2d 238 (purpose and scope of rape-shield Rule 412)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)
- Bordenkircher v. Hayes, 434 U.S. 357 (prosecutorial discretion to pursue charges)