State of Louisiana v. Jimmie J Jenkins
365 So.3d 55
La. Ct. App.2020Background
- Jenkins was tried for two counts arising from an incident on June 26, 2010 (forced oral and forced vaginal sex of victim S.S.); trial occurred March 2013 and jury convicted him of attempted aggravated rape on both counts.
- State introduced testimony from two other women (K.M., May/July 2007 and N.B., May 2010) and police/nurse witnesses; prior sexual-assault behavior was admitted for similarity.
- Defendant testified and denied rapes, offered alternative explanations; defense presented an alibi-type witness.
- Defendant was sentenced to consecutive 50-year hard labor terms on June 6, 2013; an out-of-time appeal was granted in 2018 and this appeal followed.
- Court conducted an error-patent review (noting a sentencing timing irregularity but deeming it harmless) and addressed four assignments of error raised on appeal.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jenkins) | Held |
|---|---|---|---|
| 1) Denial of challenge for cause to venireman related to bias (kinship with investigator) | The juror could be rehabilitated and did not require removal for cause; any error was harmless because defendant had peremptories | Juror unequivocally favored detective testimony and equivocated on presumption of innocence; challenge for cause should have been granted; defendant exhausted peremptories | Court: Denial of cause was error, but defendant waived appellate review under Louisiana "strike-or-waive" rule by failing to use a peremptory to remove the juror; no reversible error. |
| 2) Mistrial for State’s late disclosure of K.M.’s rap sheet | Late disclosure was inadvertent, rap sheet was promptly provided and defense had time to review and cross-examine; no prejudice | Late disclosure prejudiced trial fairness and warranted mistrial | Court: No abuse of discretion in denying mistrial; defense received rap sheet before K.M. resumed testimony and was not prejudiced. |
| 3) Admission of audio/video recorded statement by Jenkins to police after alleged late disclosure | State complied with discovery rules by providing police report and notice of intention to use statement; the CD was available in evidence and defense declined earlier review; no prejudice | Failure to turn over recording earlier violated discovery and prejudiced defense; exclusion or mistrial required | Court: Admission appropriate; State had notified defense and police report referenced statement; even if disclosure timing imperfect, defendant was not prejudiced. |
| 4) Cumulative error (due process) | No single error warranted reversal; no timely objection raising cumulative error at trial | Cumulative effect of errors deprived defendant of fair trial | Court: No timely objection; cumulative-error claim fails; conviction affirmed. |
Key Cases Cited
- State v. Augustine, 555 So.2d 1331 (La. 1990) (24‑hour delay rule for sentencing after a filed motion for new trial).
- State v. Robertson, 630 So.2d 1278 (La. 1994) (presumption of prejudice when challenge for cause erroneously denied and peremptories exhausted).
- State v. Magee, 103 So.3d 285 (La. 2012) ("strike-or-waive" rule: defendant must use a peremptory to preserve challenge-for-cause error).
- State v. Mickelson, 149 So.3d 178 (La. 2014) (challenge-for-cause and juror rehabilitation standards).
- State v. Castleberry, 758 So.2d 749 (La. 1999) (mistrial is an extreme remedy; trial judge discretion governs prejudice analysis).
- State v. Knighton, 436 So.2d 1141 (La. 1983) (trial court has wide discretion in remedies for late disclosure).
- State v. Strickland, 398 So.2d 1062 (La. 1981) (late discovery does not mandate reversal absent actual prejudice).
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel noted as background).