198 So. 3d 1232
La. Ct. App.2016Background
- Defendant David Falgout was indicted for two counts of aggravated rape and one count of armed robbery (Jan. 2014); jury convicted him of two counts of attempted forcible rape and acquitted him of armed robbery.
- DNA from a swab of the victim’s left buttock matched the defendant as a minor contributor; the lab testified the mixture was many billions/trillions of times more likely to include the defendant than a random person. Oral/anal/genital swabs were negative for semen; other samples were mixtures or insufficient for minor profiles.
- Victim K.W. testified she was threatened with a knife, forced under an overpass, digitally assaulted, kissed on buttocks, and ordered to perform oral sex; penetration attempts were unsuccessful. She did not identify Falgout in court and could not complete a composite sketch.
- The State introduced evidence of defendant’s 1988 forcible rape conviction (victim V.H.) under La. C.E. art. 412.2; that prior offense involved a knife and a similar modus operandi.
- After conviction the court adjudicated Falgout a third felony offender and, following a multiple-bill hearing, vacated the original sentences and imposed concurrent life sentences without benefits; defendant appeals conviction and sentence.
Issues
| Issue | State's Argument | Falgout's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / identity | DNA match to defendant plus victim testimony and circumstantial facts suffice to prove he was the perpetrator | Victim did not identify him; DNA could be secondary transfer; little or no semen and limited DNA on buttock | Conviction affirmed — DNA statistics and other evidence suffice; jury crediting of evidence controls |
| Admission of prior 1988 rape (La. C.E. art. 412.2) | Prior forcible rape evidence is admissible in sexual-assault prosecution and probative because of strong similarities | Evidence was unduly prejudicial and used only to show bad character; art. 412.2 inapplicable to adult victims | Admission affirmed — trial court did not abuse discretion; art. 412.2 applies and similarities made the evidence highly probative |
| Multiple bill / counsel objection procedure | Multiple bill properly litigated at hearing; predicate documents and plea form showed waiver issues were meritless | Trial counsel ineffective for failing to file the written objection required by La. R.S. 15:529.1(D)(1) to preserve voluntariness challenge to a predicate plea | Ineffective-assistance claim denied — counsel argued voluntariness at the hearing; written filing would not have changed outcome; no prejudice shown |
| Verdict form (legislatively responsive verdict) | N/A (State relied on jury verdict of attempted forcible rape) | Defendant implicitly challenged that reduction from aggravated rape to attempted forcible rape was unsupported | No reversible error; under Elaire court will not disturb a legislatively responsive verdict if supported by evidence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency-of-the-evidence standard)
- Manson v. Brathwaite, 432 U.S. 98 (identification-reliability framework)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective-assistance test)
- State v. Elaire v. Blackburn, 424 So.2d 246 (legislatively responsive-verdict rule in Louisiana)
- State v. Captville, 448 So.2d 676 (Louisiana articulation of Jackson standard)
- State v. Wright, 79 So.3d 309 (La. decision clarifying scope of La. C.E. art. 412.2)
Disposition: Convictions and sentences affirmed.