  She was scared and frantic and just really didn’t know what to do because she
       was worried about Mr. Kirk coming back to where she was and getting her, as
       she said. I also noticed around her neck she had strangulation marks. She had
       several bruises upon her also.

Strait then photographed Casey’s injuries and called an ambulance to take her to the hospital.

¶12.   Deputy Sullivan testified that, when he observed the Toyota Forerunner, he detained

Marvin, placed him, in handcuffs, into the back seat of a patrol car, and returned him to

Waldrop Road. When the deputies arrived at the Ogletrees’ residence, Strait and Sullivan left

Marvin in thepatrol car outside and went in to speak with Casey. Sullivan testified that when

he noticed that Casey “had red marks on her neck that she was pointing out to Deputy Strait,

and she had some red marks on her arms,” he returned outside and read to Marvin his

Miranda 1 warnings, because “Mississippi state statute says domestic violence with

strangulation is a felony domestic charge.”

¶13.   On April 3, 2013, Marvin Kirk was indicted by a Madison County grand jury under

Mississippi Code Section 97-3-7(4) for aggravated domestic violence. On July 26, 2013, the

State moved to amend Kirk’s indictment to charge him as an habitual offender under

Mississippi Code Section 99-19-81. Kirk previously had received a 1998 conviction for

grand larceny in Yazoo County, Mississippi, for which received a five-year sentence with



 