269 So. 3d 1203
Miss. Ct. App.2018Background
- On May 21, 2015, shots were fired at Elijah Myers’s residence at 445 Mary Grove Church Road; Myers suffered a bullet wound to his leg and his house and a vehicle in front of it were struck.
- Witnesses placed Travis Caffie in a vehicle that drove by and shot toward Myers’s house; co-defendant Nelson reportedly had an AK-47 and Caffie a handgun.
- Caffie was convicted of shooting into a dwelling, shooting into a motor vehicle, and two counts of aggravated assault; sentences were ordered to run consecutively.
- Caffie moved for JNOV or a new trial; the motion was denied and he appealed, arguing the jury instructions omitted essential elements (the “usually occupied” language for shooting into a dwelling) and failed to instruct on venue.
- The trial court had given jury instructions S-1 (shooting into a dwelling), S-3, S-6, and S-7 (motor vehicle and aggravated assault); Caffie did not object to these instructions at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jury Instruction S-1 omitted an essential element of shooting into a dwelling (that the building be “usually occupied by persons”) | Caffie: S-1 failed to require jury finding that the building was "usually occupied by persons," an element under § 97-37-29 | State: A dwelling house is by definition a place where people reside; the "usually occupied" phrase applies to "any other building," not a dwelling | Court: No plain error — the structure was Myers’s dwelling, so the omitted language was not an essential element here; instruction proper |
| Whether the court failed to instruct the jury on venue for shooting into a motor vehicle and aggravated assault | Caffie: Jury instructions did not specify venue, leaving open who could have committed the offenses | State: Instructions S-3, S-6, S-7 explicitly required finding the offenses occurred in Simpson County; record ties acts to that location | Court: No error — instructions properly required venue and record supported Simpson County as location |
Key Cases Cited
- Watkins v. State, 101 So. 3d 628 (Miss. 2012) (standard of review for jury instructions and that they be read as a whole)
- Robinson v. State, 364 So. 2d 1131 (Miss. 1978) (definition of “dwelling house” as a place where people dwell or reside)
- Husband v. State, 204 So. 3d 353 (Miss. Ct. App. 2016) (preservation rule for objections to jury instructions and plain-error standard)
- Conner v. State, 138 So. 3d 143 (Miss. 2014) (trial court’s duty to fully and properly instruct the jury on issues of law)