Caves v. State
| Docket Number: | 2014-KA-00643-COA Linked Case(s): 2014-KA-00643-COA ; 2014-KA-00643-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-09-2015 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Failure to register as sex offender - Exclusion of testimony - M.R.E. 402 - M.R.E. 403 - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Concur in Part, Concur in Result 1: Maxwell, J., Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-17-2014 Appealed from: PEARL RIVER COUNTY CIRCUIT COURT Judge: ANTHONY ALAN MOZINGO Disposition: Convicted of failure to register as a sex offender District Attorney: Haldon J. Kittrell Case Number: K-2013-198M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Donald Allen Caves a/k/a Donald Caves a/k/a Donald A. Caves |
OFFICE OF STATE PUBLIC DEFENDER: GEORGE T. HOLMES, MOLLIE MARIE MCMILLIN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: MELANIE DOTSON THOMAS |
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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: | Failure to register as sex offender - Exclusion of testimony - M.R.E. 402 - M.R.E. 403 - Weight of evidence |
| Summary of the Facts: | Donald Caves was convicted for failure to register as a sex offender. He was sentenced as a habitual offender to life without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Exclusion of testimony Caves argues that because of his inability to read the registration requirements, he lacked actual knowledge of his duty to appear in person ten days before he intended to move. He argues that the court erred in excluding testimony from a witness who would confirm that he was unable to read and write. Since the ability to read and write provides no defense to compliance with the statutory requirement for sex-offender registration, the trial court excluded the testimony due to its lack of relevancy and potential to confuse the issues and mislead the jury under M.R.E. 402 and M.R.E. 403. Caves’s ex-girlfriend testified that she had witnessed Caves read and write and that he possessed awareness that the sex-offender statute required Caves to notify the DPS of any change of address. The records clerk for the sheriff’s department testified that she personally reviewed and explained the sex-offender registration paperwork with Caves and personally read the forms to him. An investigator with the sheriff’s department testified that when he arrested Caves, he read Caves his Miranda rights and also verbally explained these rights to Caves. In his decision to exclude the testimony from Caves’ witness, the trial judge found that it would potentially confuse the issue since two other witnesses had testified that they read the documents to Caves. The admissibility of evidence rests within the discretion of the trial court, and the court did not abuse its discretion here. Issue 2: Weight of evidence Caves argues that the verdict is against the overwhelming weight of the evidence, because he cannot read and has been found to be mentally retarded and he did not understand that he was required to notify the DPS in person ten days before moving. The issue of whether the defendant, beyond a reasonable doubt, had actual or probable knowledge of the duty to register as a sex offender is a factual issue for a jury to decide. Here the jury heard testimony from a witness who stated that Caves could indeed read and write and that she had previously accompanied Caves when he re-registered as a sex offender. The records clerk for the sheriff’s department also testified that she personally read the sex offender registration forms to Caves. The trial court admitted the sex-offender registration forms into evidence. The forms showed that Caves initialed the forms as acknowledging that he received them. Thus, substantial evidence exists to support the jury’s verdict finding Caves guilty of failing to register as a sex offender. |
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