Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

KENNETH DENNIS v. STATE OF MISSISSIPPI

OCTOBER 25, 1989

KENNETH DENNIS
v.
STATE OF MISSISSIPPI



BEFORE HAWKINS, P.J., SULLIVAN and BLASS, JJ.

BLASS, JUSTICE, FOR THE COURT:

Kenneth Dennis was convicted in the Circuit Court of Lafayette County, Mississippi, for the raping and the kidnapping of a young female University student. Life sentences were imposed for each, to run consecutively. We affirm.

I. FACTS

 On June 29, 1986, the victim was kidnapped by two men at approximately 10:00 p.m. from her dorm parking lot at the University of Mississippi. Dennis was one of two men who abducted her at gunpoint forcing her into a car. Dennis was tried separately.

 The men took her to a wooded area in the country side of Lafayette County where she was subjected to brutal sexual attacks, including rape by the defendant Dennis.

 After these attacks her assailants drove aimlessly about for some time, apparently uncertain as to what to do with their victim. During this period Dennis sat in the back seat of the car and held a gun in the small of her back. She promised not to tell and begged them to let her go. The men instead drove to Ben's and Todd's, a remote, rural convenience store, where they purchased gas, cigarettes, beer, and a coke. The victim was able to see Dennis clearly at that point because they were in a lighted area. Thus she was able to testify that no doubt existed in her mind that the man she identified in the court room, Kenneth Dennis, was one of the men who abducted and raped her.

 The trio drove around for another long period after they left Ben's and Todd's to discuss the disposal of the young woman. She again promised that she would not tell if they would just let her live. Finally the car stopped, and Dennis got out of the car under a big security light. Dennis' confederate then informed her that he was going to take her back to campus.

 After other events, not necessary to be related here, the confederate left her on a dead end road near the campus, and she hysterically ran back to her dorm parking lot. She immediately reported this crime to the University Police, and they took her to the Oxford-Lafayette County hospital at approximately 12:30 p.m. where she was examined.

 After being examined she gave the University Police Department the information she had. She rode with the police down the roads where she was taken and viewed two line-ups. She was able to identify Dennis out of the second line-up. He was picked up for questioning around 1:00 a.m. on July 2, 1986.

 On July 3, 1986, a male sexual assault kit test was performed on Dennis, and a blood sample was taken. In due course he was indicted on two counts for kidnapping and rape, tried, and convicted as we have stated. He now appeals to this court.

 On Appeal, defendant asserts that the following things occurred and he assigns them as error:

 1. There was improper exercise of peremptory challenges to exclude black venire persons from the jury.

 2. The foreman of the jury was a long-term private practice client of the county prosecutor.

 3. Defense counsel was not served with a copy of the witness list upon which the prosecution relied at trial.

 4. The trial court allowed testimony from a police officer speculating that Ken Dennis was involved in other crimes.

 5. The trial court refused to exclude highly prejudicial medical evidence of minimal probative value, and refused to appoint a medical expert to assist the defense.

 6. The trial court improperly refused jury instructions concerning non-flight.

 7. The prosecution improperly interrupted defense's closing argument with the prejudicial objection, and said prejudice was then ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.