Kuren Cordell Keys v. State of Mississippi
219 So. 3d 559
| Miss. Ct. App. | 2017Background
- Early morning, AKT reported she had been sexually assaulted after being left near a parked car; deputies found tire tracks and AKT's underwear near the scene.
- AKT underwent a sexual-assault exam; swabs (oral, vulvar, vaginal) and clothing/blood were collected; she identified Keys at trial as her assailant.
- Haralson identified Keys as the only man who had been in the car with AKT after she was dropped off.
- DNA testing matched the male DNA on AKT’s vulvar and vaginal swabs to Keys or his patrilineal relatives; results excluded 99.9% of the male population.
- Keys was indicted on two counts of sexual battery (oral and vaginal penetration without consent), convicted by a jury, and sentenced to consecutive terms (15 and 30 years); post-trial motions were denied and Keys appealed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of evidence | State: evidence (victim testimony, DNA, witness ID) supports convictions | Keys: evidence insufficient; challenges intent and weight | Convictions affirmed; evidence sufficient and not against overwhelming weight |
| Jury instructions — elements and definitions | State: instructions correctly set forth elements | Keys: errors including omission of fellatio in definition, use of initials, vagueness | Harmless error for omission; instructions read as whole fairly announced law; challenges denied |
| Jury instruction — Sharplin (deadlock guidance) | State: proper to give Sharplin when reasonable chance of verdict | Keys: objected, argued coercive / mistrial preferred | Trial judge acted within discretion in giving approved Sharplin instruction; no abuse |
| Prosecutor's comments and closing argument | State: comments based on evidence and permissible critique of defense | Keys: comments were inflammatory and improperly commented on his silence | Comments were within permissible scope (attacked credibility of defense), not plain error; claim denied |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (sufficiency and weight-of-evidence review standards)
- Christian v. State, 456 So. 2d 729 (Miss. 1984) (uncorroborated rape victim testimony can support conviction if not discredited)
- Sharplin v. State, 330 So. 2d 591 (Miss. 1976) (approving the jury instruction given when jurors indicate division)
- Johnson v. State, 626 So. 2d 631 (Miss. 1993) (slight penetration sufficient for sexual battery)