Kea v. State
| Docket Number: | 2006-KA-01383-COA | |
| Oral Argument: | 01-22-2008 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-01-2008 Opinion Author: CARLTON, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Perjury - Two-witness instruction - Authentication of passports - M.R.E. 901 - M.R.E. 902(3) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-17-2006 Appealed from: SIMPSON COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTED OF PERJURY AND SENTENCED TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eddie H. Bowen Case Number: 2005-133-K |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ALBERT J. KEA |
JULIE ANN EPPS,
E. MICHAEL MARKS,
WLM ANDY SUMRALL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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| Topic: | Perjury - Two-witness instruction - Authentication of passports - M.R.E. 901 - M.R.E. 902(3) |
| Summary of the Facts: | Albert Kea was convicted of perjury and sentenced to eight years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Two-witness instruction Kea argues that the trial court erred in not instructing the jury on the proof necessary to convict him of perjury. Kea did not request such an instruction at trial, but he argues that the trial court, on its own initiative, should have instructed the jury regarding the quantity of proof required. The falsity of the allegedly perjured statement must be established by the testimony of at least two witnesses or by one witness and corroborating circumstances and a conviction for perjury may not be secured and sustained on the uncorroborated testimony of one witness to the falsity of the allegedly perjured statement on which the perjury is assigned. The fact that on appeal the verdict of the jury can be supported by the evidence does not automatically excuse failure to give the required two-witness rule. Thus, the trial court’s failure to instruct the jury in accordance with the two-witness rule as required in perjury cases constituted reversible error. Issue 2: Admission of evidence Kea argues that the court erred in admitting passports of witnesses, because the passports and the stamps on them were not properly authenticated as required by M.R.E. 901 and 902(3). The State argues that the passports were authenticated by the witnesses themselves. Under Rule 901(b)(1), a piece of evidence can be authenticated by testimony of a witness with knowledge that a matter is what it is claimed to be. While the witnesses’ testimonies may satisfy the authentication requirement for the passports, they do not effectively authenticate the visa stamps within the passport. The trial judge admitted the passports, over Kea’s objection, holding that he did not accept the passports as official documents of the United States or a foreign government, but as notations concerning arrivals and departures. However, the notations of arrivals and departures were purportedly made by an agent of the Turkish government. The stamps should have been accompanied by a final certificate in accordance with Rule 902(3). Thus, the court erred in admitting the passports. |
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