State v. Henry
102 So. 3d 1016
La. Ct. App.2012Background
- This is a criminal appeal by David Henry from a conviction for aggravated rape and forcible rape, with life imprisonment on the first count and 40 years on the second, to be served without parole.
- Henry was indicted in 2009 for aggravated rape (Count 1) and forcible rape (Count 2); he was convicted after a three-day trial by a twelve-person jury.
- The State acknowledged and the court allowed evidence of Henry’s 1978 conviction for attempted aggravated rape under La. C.E. art. 412.2, arguing it showed a lustful disposition or related propensity.
- The trial court conducted a 403 balancing test and admitted the prior offense, giving it probative value despite its remoteness in time and Henry’s youth at the time.
- DNA and other evidence linked Henry to the victim’s child, including a second DNA test confirming paternity, and fingerprint evidence connected Henry to the prior offense.
- Henry challenges the admissibility of the 412.2 evidence and the denial of a mistrial based on an alleged improper rebuttal argument; the court affirmed both convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 412.2 evidence of a prior sex offense was properly admitted. | Henry contends the prior crime was stale and unduly prejudicial. | Henry argues the remoteness and age negate probative value against prejudice. | Admissible under 412.2 after 403 balancing; not an abuse of discretion. |
| Whether the rebuttal argument warranted a mistrial. | Henry maintains the prosecutor’s closing prejudiced the jury. | Prosecutor’s remarks were improper but not sufficiently prejudicial to require a mistrial. | Mistrial denied; arguments did not deprive fair trial. |
Key Cases Cited
- State v. Wright, 79 So.3d 309 (La. 2011) (standard for abuse of discretion in evidentiary rulings; similarity to 404(B)/412.2 analysis)
- State v. Cosey, 779 So.2d 675 (La. 2000) (admissibility balancing under 403 in other crimes context)
- State v. Rose, 949 So.2d 1236 (La. 2007) (unfair prejudice limits in 403 balancing for 412.2 evidence)
- State v. Scoggins, 70 So.3d 145 (La.App. 4 Cir. 2011) (remoteness of prior offense weighed; probative value vs prejudice)
- State v. Driggers, 554 So.2d 720 (La.App. 2d Cir. 1989) (prior offenses within a pattern may outweigh remoteness; context matters)