Davis v. State
| Docket Number: | 2002-KA-00780-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-06-2004 Holding: Affirmed |
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| Additional Case Information: |
Topic: Kidnaping & Rape - Sufficiency of evidence Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-05-2002 Appealed from: Washingon County Circuit Court Judge: W. Ashley Hines Disposition: COUNT I - KIDNAPING - SENTENCED TO SERVE A TERM OF 30 YEARS IN THE CUSTODY OF THE MDOC, COUNT II KIDNAPING - SENTENCED TO SERVE A TERM OF 30 YEARS IN THE CUSTODY OF THE MDOC AND IN COUNT III - RAPE - SENTENCED TO SERVE LIFE IN THE CUSTODY OF THE MDOC ALL TO BE SERVED WITHOUT PAROLE Case Number: 2001-085 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert Lee Davis a/k/a "Nut" |
WAYNE O'DELL LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Kidnaping & Rape - Sufficiency of evidence |
| Summary of the Facts: | Robert Davis was convicted of two counts of kidnaping and one count of rape. He appeals. |
| Summary of Opinion Analysis: | Davis argues that the evidence is insufficient to prove him guilty of kidnaping, because the girls in his car consented to his deviation from the original purpose for which they entered the vehicle, that purpose being to transport them home. However, there was evidence in the form of the testimony of the two alleged kidnap victims that would establish the necessary elements of kidnaping based on the proposition that the victims were persuaded to enter the vehicle on the promise of a ride home but were taken against their will to another location. He also argues that the evidence on rape was insufficient because the sexual encounter was consensual. However, the State presented evidence that Davis held his victim around the neck and forced her into the back seat of his vehicle, demanded that she remove her underwear, and then engaged in sexual intercourse with her. This was sufficient to support the conviction. |
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