Cork v. State
| Docket Number: | 2002-KA-00481-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of a dwelling - Voluntariness of confession - Jury instruction Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-14-2002 Appealed from: Choctaw County Circuit Court Judge: Clarence E. Morgan, III Disposition: THE DEFENDANT WAS FOUND GUILTY OF BURGLARY OF A DWELLING AND SENTENCED TO A TERM OF TEN YEARS IN CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH TWO YEARS SUSPENDED, FIVE YEARS OF SUPERVISED PROBATION, AND FINE OF FIVE HUNDRED DOLLARS. District Attorney: Doug Evans Case Number: 2002-12-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Prentiss Cork |
THOMAS A. COLEMAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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: | Burglary of a dwelling - Voluntariness of confession - Jury instruction |
| Summary of the Facts: | Prentiss Cork was found guilty of burglary of a dwelling and sentenced to ten years. Cork appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of confession Cork argues that the State failed to prove that his confession was voluntary. The State makes a prima facie case of voluntariness when an officer, or other person having knowledge of the facts, testifies that the confession was voluntarily made without any threats, coercion, or offer of reward. Here, the State made a prima facie case of voluntariness by offering the testimony of the deputy who stated that at his private meeting with Cork, he read the waiver of rights form to Cork and advised Cork to read it, that he thought Cork had understood the waiver form before signing it, and that he did not threaten Cork in any way or offer Cork any reward in exchange for the statement. Although Cork's testimony created a rebuttable presumption that his confession was coerced, his testimony was rebutted by the deputy’s general denials of wrongdoing. Issue 2: Jury instruction Cork argues that the court erred in denying his instruction dealing with the evidentiary weight of his confession. Jury instructions are to be read as a whole. The court may refuse an instruction that is covered fairly elsewhere in the instructions. Here, the jury was sufficiently instructed on their ability to assess the weight and credibility of the evidence of Cork's confession. |
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