Marvin Kirk v. State of Mississippi, 160 So. 3d 685

Kirk was convicted of aggravated domestic violence as a habitual-offender in Madison County Circuit Court; sentenced to 20 years in MDOC under 99-19-81.
State alleged Kirk twice strangled his wife, Casey Kirk; witnesses testified to neck marks and Casey testified she was choked; Kirk denied it.
The offenses occurred January 25–26, 2013; Casey fled to a neighbor’s house after the incidents and called 911.
Landlord’s wife Colita Ogletree provided Casey refuge; deputies testified to neck marks and injuries; Miranda warnings were given to Kirk.
Kirk was indicted for aggravated domestic violence, then amended to add habitual-offender status; trial occurred August 28, 2013; conviction and twenty-year sentence issued October 7, 2013.
Kirk appeals on five issues related to evidentiary rulings and jury procedures; the Mississippi Supreme Court affirms the conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Plain error from officer testimony on medical causation	Kirk argues officer Straits’implied medical causation was error	State contends testimony was admissible lay opinion and waived	Waived; no plain error; testimony did not require reversal.
Denial of JNOV or alternative new trial	Kirk asserts insufficiency/weight of evidence	State contends evidence supported verdict	Sufficiency supported; weight not so heavy as to mandate new trial.
Exclusion of letters and text message as hearsay	Letters/texts were relevant and admissible	Letters/texts are hearsay and improper absent exceptions	Non-admissible hearsay; no reversible error.
Cross-exam of victim about drug test relevancy	Hair-follicle test relevant to credibility	Test lacked precise dates; not probative of strangulation	No reversible error; not relevant to essential issue.
Jury deliberations and foreperson separation/telephone call	Separation and call violated rights in deliberations	Not reversible error under context; not capital case rule applied	Not reversible; irregularity acknowledged but no prejudice warranting reversal.

Daniels v. State, 107 So. 3d 961 (Miss. 2013) (governed by sufficiency and JNOV standards)
Christmas v. State, 10 So. 3d 413 (Miss. 2009) (preservation of error; plain-error standard)
Copeland v. Copeland, 904 So. 2d 1066 (Miss. 2004) (contemporaneous objection required waiver doctrine)
De La Beckwith v. State, 707 So. 2d 547 (Miss. 1997) (waiver when no contemporaneous objection or mistrial move)
Goldsby v. State, 123 So. 2d 431 (Miss. 1962) (illustrates error preservation/waiver in trial testimony)
Roberts v. Grafe Auto Co., Inc., 701 So. 2d 1099 (Miss. 1997) (police witness expert testimony; proper limits)
Bush v. State, 895 So. 2d 836 (Miss. 2005) (sufficiency vs. weight in appellate review)
Wilson v. State, 248 So. 2d 802 (Miss. 1971) (jury sequestration in non-capital cases spotted as irregularity)
Sharplin v. State, 330 So. 2d 591 (Miss. 1976) (classic hung-jury instruction context; Sharplin instruction guidance)
Weaver v. State, 272 So. 2d 636 (Miss. 1973) (jury separation considerations in non-capital cases)