DATE OF JUDGMENT: 02/22/2013.
[Copyrighted Material Omitted]
COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JANNIE M. LEWIS.
TRIAL COURT ATTORNEYS: AKILLE MALONE-OLIVER, SCOTT ROGILLIO, TINA HERRIN, LATRICE WESTBROOKS.
FOR APPELLANT: CHOKWE ANTAR LUMUMBA, CHOKWE LUMUMBA.
FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART, JOHN R. HENRY, JR.
BEFORE WALLER, C.J., CHANDLER AND KING, JJ., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.
NATURE OF THE CASE: CRIMINAL - FELONY
WALLER, CHIEF JUSTICE.
¶1. Jeremy Cage appeals his conviction in the Holmes County Circuit Court for statutory rape, arguing that the trial court erred in excluding certain evidence and in denying his motion for a new trial. Cage also claims that he was denied effective assistance of counsel. Finding no reversible error, we affirm Cage's conviction and sentence.
¶2. At around 9:30 p.m. on August 26, 2010, thirteen-year-old A.S., walked outside her house in Mileston, Mississippi, to feed her dogs. While she was feeding the dogs, a man grabbed her from behind and dragged her into a field adjacent to her house. The man pushed her to the ground, pulled her pants down, and began having sexual intercourse with her. A.S. could not identify the man at first because her eyes had not yet adjusted to the dark, but she was eventually able to identify him as her cousin Jeremy " Jay" Cage. She also recognized Cage by his voice. Shortly thereafter, A.S.'s brother walked outside and called for her, and Cage ran away. A.S. went back to her house and told her brother that she had been raped, but asked him not to tell anyone.
¶3. The next day at school, A.S. told her friend K.J. that she did not feel well. K.J. told Tamika Clark Garnett, one of A.S.'s teachers, that she thought something was wrong with A.S. When questioned by Garnett, A.S. revealed that she had been raped. Garnett sent A.S. to talk to Shinar Riley, the school's guidance counselor. Riley called A.S.'s mother, Angel Bowman Spann, who picked A.S. up from school and took her to the police station in Lexington. A.S. told the police that she was feeding the dogs outside her house when Cage grabbed her from behind, dragged her into a field near the house, and raped her. A.S. then went to the hospital, where doctors performed a rape-kit examination on her.
¶4. The Holmes County Sheriff's Department obtained an arrest warrant for Jeremy Cage and an order to retrieve a DNA sample from him upon his arrest. Cage's mother Melissa Cage York brought him to the police station on August 31, 2010. Cage was twenty-one years old at the time of his arrest. Melissa told Captain Sam Chambers with the Holmes County Sheriff's Department that she had last seen Cage on her front porch at around 8:00 p.m. on the night in question.
¶5. Upon his arrest, the police performed a buccal swab ...