Expose v. State
| Docket Number: | 2010-KA-01256-COA Linked Case(s): 2010-KA-01256-COA ; 2010-CT-01256-SCT ; 2010-CT-01256-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-15-2011 Opinion Author: Lee, C.J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Forcible sexual intercourse - Defense theory instruction - Exculpatory evidence Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ. Dissenting Author : Carlton, J. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-21-2010 Appealed from: Stone County Circuit Court Judge: John C. Gargiulo Disposition: CONVICTED OF FORCIBLE SEXUAL INTERCOURSE AND SENTENCED TO THIRTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: B6601-2009-93 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Anthony Mercie Expose |
W. DANIEL HINCHCLIFF |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Forcible sexual intercourse - Defense theory instruction - Exculpatory evidence |
| Summary of the Facts: | Anthony Expose was convicted of forcible sexual intercourse. Expose was sentenced to thirty-five years and to register as a sex offender upon release from custody. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defense theory instruction Expose argues that the trial court erred by denying two of his jury instructions that instructed the jury on his theory of the case, namely that the sex with the victim was consensual. A defendant is entitled to have the jury instructed as to his theory of the case so long as the defense is one recognized in the law and there is some evidence in the record to support the defense. Consent is a defense to a charge of rape. There was testimony from Expose that he had consensual sex with the victim. Thus, Expose was entitled to a jury instruction that embodied his theory of the defense. Issue 2: Exculpatory evidence Expose argues that he discovered potential exculpatory evidence the day after trial relating to a prior domestic-violence conviction of the victim’s boyfriend, who had committed domestic violence against the victim in January 2010 and was convicted shortly thereafter. That crime occurred well after the crime involved in this case. Since this case is being reversed and remanded for a new trial, the Court will not determine whether the trial court was in error for failing to grant a new trial. |
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