Mississippi Supreme Court

Edward Robert Harvey v. State of Mississippi

June 8, 2023

Summary

The court affirmed Harvey's conviction for aggravated domestic violence after rejecting his challenges to the exclusion of additional defense character evidence and to the limiting instruction for prior-bad-act evidence. The court held that Harvey failed to preserve his evidentiary argument, made no adequate offer of proof, and in any event was permitted to present opinion testimony about the victim's truthfulness; any additional error was harmless. The court also held that the challenged limiting instruction was not plainly erroneous because its reference to "acts testified to" and its other instructions prevented the jury from treating prior acts as proof of conformity.