336 So.3d 567
La. Ct. App.2022Background
- In Nov. 2016, then-16-year-old R.L. found a computer folder labeled “RL” containing 17 videos; 15 showed her nude in the family bathroom, one (the “T‑shirt video”) showed her partially exposed and blindfolded in a bedroom with Defendant present, and one showed Defendant and his wife having intercourse. Defendant admitted recording the videos.
- Defendant (Nathaniel Robinson) was charged with 17 counts of video voyeurism, 17 counts of indecent behavior with a juvenile, and 17 counts of juvenile pornography (the pornography counts were dropped). He pleaded not guilty.
- Jury convicted Defendant of 17 counts of video voyeurism, 17 counts of attempted indecent behavior with a juvenile, and 1 count of indecent behavior with a juvenile. He was sentenced to an aggregate of 15 years; he waived the 24‑hour sentencing delay after his new‑trial motion was denied.
- After appeal was granted as an out‑of‑time appeal, the appellate record revealed only that at least 10 jurors agreed with the verdicts; the court could not locate jury polling slips and the record does not show a poll establishing unanimity.
- The court: (1) upheld sufficiency of the evidence as to the crimes charged, but (2) found the unanimity question unresolved and remanded to the district court to determine whether the jury verdicts were unanimous (per Ramos) and to file a per curiam within ten days of that determination; discussion of defendant’s challenges to admission of the wife’s sex tape and excessiveness of sentence was pretermitted pending the unanimity determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions (video voyeurism, indecent behavior, attempt) | State: videos of R.L. nude, T‑shirt video zoomed on buttocks, Defendant admitted recording and viewing files — supports lewd/lascivious purpose and intent | Robinson: conduct not sufficiently "lewd or lascivious" to prove sexual intent | Court: Evidence sufficient—rational juror could find lewd/lascivious acts, lack of consent, and specific intent; convictions stand on sufficiency review |
| Admissibility of unrelated sex tape (Defendant & wife) | State: tape was on same hard drive and provided context/common‑source; probative to investigation | Robinson: prejudicial and irrelevant—should not have been admitted | Court: Pretermitted — did not decide due to unresolved unanimity/Ramos issue |
| Excessiveness of sentence | State: sentencing within statutory limits, court considered guidelines | Robinson: sentence is unconstitutionally excessive | Court: Pretermitted — remand for unanimity determination before addressing excessiveness |
| Whether verdicts were unanimous (Ramos claim) | State: record shows at least ten jurors agreed; no clear proof non‑unanimous; requests district court inquiry | Robinson: Sixth/Fourteenth Amendment error if verdicts were non‑unanimous under Ramos | Held: Record unclear and polling slips absent; remanded to district court to ascertain unanimity, conduct proceedings as needed, and file a per curiam stating the outcome within ten days of that ruling |
Key Cases Cited
- Ramos v. Louisiana, 140 S. Ct. 1390 (2020) (Sixth Amendment requires unanimous jury verdicts in state and federal felony trials)
- Hearold v. State, 603 So.2d 731 (La. 1992) (appellate courts should consider sufficiency before other trial errors)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Norman, 297 So.3d 738 (La. 2020) (remand to district court required where record does not show whether verdict was unanimous)
- State v. Moffett, 247 So.3d 908 (La. App. 4 Cir.) (court held waiver of sentencing‑delay requirement renders same harmless)