182 So. 3d 126
La. Ct. App.2015Background
- Defendant Darall Luke Alexander was charged with attempted aggravated rape; jury convicted him of attempted forcible rape and he was sentenced to 20 years at hard labor (18 years suspended) and five years probation.
- Victim C.V., who had known defendant for ~40 years, testified that after he repaired her collapsed ceiling he refused to leave, grabbed her from behind, wrapped his arms around her, touched her vaginal area, lifted and slammed her into a chair, forced her legs apart, and began pulling down her clothing before she screamed in pain and he released her.
- Victim’s injuries (bruises) were photographed; photos consistent with being grabbed and thrown into a chair. Victim reported the assault two days later and gave statements to police.
- DNA testing on a spot on the waistline of the victim’s leggings produced a mixture that the analyst said was 7,730 times more likely to be from the victim and the defendant than from the victim and an unknown person of the same race.
- Defendant initially denied any touching to police, later testified denying intent to rape but admitted one incidental touch after the victim slipped; argued lack of physical evidence linking him to a sexual attack and questioned some investigative choices.
- Trial court denied motions for post-verdict judgment of acquittal and new trial; appellate court considered whether evidence was sufficient under Jackson v. Virginia and related Louisiana authorities and affirmed conviction and sentence.
Issues
| Issue | State's Argument | Alexander's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support attempted forcible rape conviction | Victim’s credible testimony describing force, corroborating bruises, and DNA on victim’s clothing support intent and acts toward rape; viewed in light most favorable to prosecution satisfies Jackson standard | Evidence insufficient: injuries limited, no marks on defendant, no testing of sweater or chair for DNA/fingerprints, inconsistencies in investigation undermine proof of attempted rape | Affirmed: evidence (victim testimony, injuries, DNA) permitted rational jury to find specific intent and act toward rape beyond reasonable doubt; no reasonable hypothesis of innocence remained |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for sufficiency review)
- State v. Mussall, 523 So.2d 1305 (applying Jackson in Louisiana review)
- State v. Petitto, 116 So.3d 761 (circumstantial evidence and Article 821 analysis)
- State v. Captville, 448 So.2d 676 (hypothesis of innocence analysis)
- State v. Calloway, 1 So.3d 417 (affirming sufficiency where evidence supports attempted rape)