237 So. 3d 598
La. Ct. App.2017Background
- Defendant T.W.D. was indicted for aggravated rape of a known juvenile under 13; a jury convicted him and the trial court sentenced him to life without benefit of parole, probation, or suspension of sentence.
- Victim S.D. testified she was sexually abused by her paternal uncle between ages 8–10 on multiple occasions (vaginal, oral, and breast contact) at the Mississippi home and at her grandparents’ home in Jefferson Parish.
- S.D. disclosed the abuse to her mother at about age 12; her accounts were consistent across interviews with police, a child advocacy center, and a child abuse pediatrician (Dr. Jamie Jackson), who diagnosed child sexual abuse and explained delayed disclosure is common.
- Defendant denied the allegations, disputed being alone with S.D., and contested the credibility and sufficiency of the State’s evidence; there was no physical trauma recorded by the pediatric exam (normal hymen noted).
- During deliberations the jury requested and were given a therapy drawing (State’s Exhibit 18) that contained drawings and written statements by S.D.; defense objected under La. C.Cr.P. art. 793 as impermissible written testimony.
- On appeal the court affirmed the conviction and life sentence, held giving the drawing to the jury was error under Article 793 but harmless, and remanded to correct commitment paperwork and to provide statutorily required sex-offender registration notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support aggravated rape conviction | State: S.D.’s consistent testimony (and corroborating investigative/medical interviews) suffices under Jackson. | T.W.D.: Victim’s inconsistent detail, lack of physical evidence, and expert testimony insufficiency render verdict unsupported. | Affirmed — evidence sufficient; victim testimony alone can support sexual-offense conviction. |
| Jury access to victim’s drawings during deliberations (La. C.Cr.P. art. 793) | State: Drawings were non-testimonial exhibits and permissible for physical inspection. | T.W.D.: Writings on the drawing duplicated victim’s testimony and thus were written evidence/testimony prohibited from jury review. | Error to allow Exhibit 18 (contained written statements duplicating testimony), but error was harmless. |
| Harmless-error review of Article 793 violation | State: Any error harmless given the strength of other evidence. | T.W.D.: The drawing could have unduly influenced jury and was not harmless. | Harmless — conviction stands because other admissible evidence sufficed under Jackson. |
| Errors patent and sentencing notifications | N/A | N/A | Remand for correction of Uniform Commitment Order/hard-labor commitment and to notify defendant of sex-offender registration requirements. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review: evidence must allow a rational trier of fact to find guilt beyond a reasonable doubt)
- State v. Roca, 866 So.2d 867 (La. App. 5 Cir.) (conviction for rape can be upheld absent medical evidence when victim testimony is credible)
- State v. Lyles, 858 So.2d 35 (La. App. 5 Cir.) (juror inspection of witness-drawn diagrams that replicate testimony can violate Article 793; error may be harmless depending on materiality)
- State v. Brooks, 838 So.2d 725 (La.) (Article 793 prohibits jurors’ access to written evidence for verbal content)
- State v. Perkins, 83 So.3d 250 (La. App. 5 Cir.) (victim testimony alone can support sexual-offense convictions)