113 So. 3d 1209
La. Ct. App.2013Background
- Johnson was convicted of sexual battery under La. R.S. 14:43.1 and indecent behavior with juveniles under La. R.S. 14:81; he received five years at hard labor without benefits for sexual battery and a concurrent three years for indecent behavior; convictions affirmed.
- The offenses occurred on July 17, 2011, at a party in West Monroe; the victims included S.S., who was 16, and Hunter Ballanee, who was present; the defendant was 48.
- S.S. testified that the defendant touched her vaginal area and inserted fingers without consent; she believed the attacker initially to be Hunter and later identified the defendant in court.
- Witnesses including Callie Brasseal and Hunter Ballance provided accounts placing the defendant in the bedroom with S.S.; Hunter heard the defendant claim to be seeking sexual gratification.
- Police investigation relied on statements from S.S. and witnesses; no physical evidence was collected; several family members offered conflicting versions of events.
- The issue before the court was whether the evidence was sufficient to sustain the two convictions under the applicable statutes, applying the standard for sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of sexual battery? | Johnson argues insufficient proof of touching without consent. | Johnson contends inconsistencies undermine proof of elements. | Sufficient evidence supported sexual battery |
| Was there sufficient evidence of indecent behavior with juveniles? | S.S. testimony showed lewd act by older adult on a 16-year-old. | Defendant denies acts; inconsistencies prevail. | Sufficient evidence supported indecent behavior with a juvenile |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard: sufficiency reviewed 'in light most favorable to prosecution')
- State v. Redfearn, 22 So.3d 1078 (La. App. 2d Cir. 2009) (defines sexual battery elements by lack of consent and touching)
- State v. Tate, 851 So.2d 921 (La. 2003) (aims to set sufficiency framework in Louisiana)
- State v. Gullette, 975 So.2d 753 (La. App. 2d Cir. 2008) (credibility and weight of testimony in sufficiency review)
- State v. Jacobs, 504 So.2d 817 (La. 1987) (conflict resolution in direct vs. circumstantial evidence)