State v. Kiger, 128 So. 3d 552

Background

Defendant Jason M. Kiger was convicted by a jury of aggravated rape of a juvenile (J.L.) and sentenced to life imprisonment without parole, probation, or suspension of sentence. The crimes were alleged to have occurred repeatedly between ages ~8–12. Defendant appealed.
Victim J.L. testified she was fondled, forced to perform oral sex, and vaginally penetrated by Kiger from about age eight until age twelve; she disclosed years later. Another witness, J.K., testified that Kiger performed oral sex on him when J.K. was a child.
Detective Fernandez investigated, obtained statements from victims, and recorded two statements from Kiger in which he admitted inappropriate touching (later disavowed at trial). A letter from Kiger was introduced.
Pretrial the State filed notice under La. C.E. art. 412.2 seeking admission of J.K.’s unadjudicated prior sexual acts to show a lustful disposition toward children; the trial court admitted that evidence after balancing under art. 403.
At sentencing Kiger received the mandatory life term for aggravated rape then in effect; he challenged parole eligibility and invoked Graham v. Florida. He also challenged admission of J.K.’s testimony under art. 412.2.
The appeals court affirmed the conviction and sentence, held the prior-act testimony was admissible under art. 412.2 (probative value outweighed prejudice), found Graham inapplicable because the jury necessarily found offenses continued into adulthood, and remanded solely for written notification of sex-offender registration requirements.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Kiger)	Held
Admissibility of prior unadjudicated sexual-act testimony under La. C.E. art. 412.2 (lustful disposition)	J.K.’s testimony is admissible to show Kiger’s lustful disposition toward children; probative value outweighs prejudice.	Testimony should be excluded as unfairly prejudicial; factors include J.K.’s reliability, defendant’s juvenile age at prior acts, dissimilarity, and risk of jury convicting on impermissible grounds.	Admission affirmed: trial court did not abuse discretion; art. 412.2 allows such evidence if relevant and art. 403 balancing favors probative value.
Juvenile-status of defendant for prior acts — effect on admissibility	(Implicit) Prior juvenile status does not bar admissibility; art. 403 controls.	Prior acts occurred while Kiger was a minor, so they are less probative and more prejudicial.	Rejected: Supreme Court precedent allows unadjudicated juvenile offenses under art. 412.2 subject to art. 403 balancing (citing State v. George).
Whether life-without-parole sentence violated Eighth Amendment/Graham v. Florida where jury did not specify whether offense occurred before or after Kiger turned 18	Mandatory life sentence was proper because the aggravated rapes continued into defendant’s adulthood; Graham inapplicable.	Jury did not specify timing; apply rule of lenity and assume offense occurred while defendant was juvenile → life without parole unconstitutional under Graham.	Rejected: Evidence showed repeated rapes continuing into adulthood; jury necessarily found an adult offense; mandatory life sentence lawful and not grossly disproportionate.
Error patent re: sex-offender notification	N/A (court must ensure statutory notification)	Trial court failed to advise defendant in record of registration/notification requirements.	Remanded: trial court must provide written notice of sex-offender registration/notification requirements and file proof in the record.

Key Cases Cited

State v. George, 55 So.3d 788 (La. 2011) (unadjudicated juvenile sexual offenses admissible under arts. 404(B)/412.2 subject to art. 403 balancing)
State v. Wright, 79 So.3d 309 (La. 2011) (standard of review and legislative purpose of art. 412.2 to relax similarity requirement)
State v. Williams, 28 So.3d 357 (La. App. 5 Cir.) (lustful disposition exception and admissibility under art. 412.2)
State v. Cupit, 179 So. 837 (La. 1938) (origin of the lustful disposition exception)
Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment prohibits life-without-parole for nonhomicide juvenile offenders)
State v. Fama, 412 So.2d 577 (La. 1982) (upholding mandatory life sentence for aggravated rape under state law)