244 So. 3d 607
La. Ct. App.2017Background
- In June 2012, S.K. was assaulted in her home: tied, blindfolded, raped (with penetration), robbed of an ATM card and cash, and driven in her white Mustang; she later identified one assailant by voice and peripheral view.
- Investigators recovered items at the scene (key chain, condom wrapper, cigarette butt, latent prints); defendant Cameron Mays’ fingerprints matched the condom wrapper and a key on the seized key chain fit locks at Mays’ trailer; DNA on a cigarette butt strongly matched Mays.
- Witnesses at Alpine Villa Apartments saw Mays with a covered passenger in a white Mustang and overheard inculpatory remarks by Mays that he had sex with the victim.
- Mays had a prior burglary conviction, making possession of a firearm a felony-enhanced offense; the jury convicted him of aggravated rape, aggravated kidnapping, and possession of a firearm by a convicted felon; sentences were life (rape and kidnapping) and 20 years (firearm), concurrent.
- On appeal Mays challenged (1) sufficiency of evidence as to identity and firearm possession, (2) prosecutorial conduct concerning an uncharged second suspect (“Kevin”), and (3) exclusion of a recorded jail call he sought to introduce; the court affirmed convictions and remanded only to provide statutorily required sex-offender notification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence as to identity of rapist/kidnapper | Evidence (victim testimony, fingerprints on condom wrapper, DNA, inculpatory statements) proves Mays beyond a reasonable doubt | Mays contends another intruder (“Kevin”) could be the rapist/kidnapper or gunman; he claimed he only drove the victim | Affirmed — direct and circumstantial evidence, including forensic matches and admissions, exclude reasonable hypotheses of innocence and support convictions under Jackson standard |
| Sufficiency re: possession of a firearm by a felon | State relied on victim’s testimony that attacker had a gun, and witness/facts placing Mays as the armed perpetrator | Mays argued no proof he possessed the gun; second intruder might have been armed | Affirmed — jury credited evidence that Mays was the armed perpetrator; convictions stand |
| Admissibility of recorded jail call offered by defendant | State argued recording contained inculpatory statements and sought redactions; ultimately objected when defense offered full recording | Mays sought to introduce the full recording (claimed exculpatory content); trial court excluded it as inadmissible hearsay when offered by a testifying defendant | Affirmed — a defendant’s out-of-court statement offered by the defendant is hearsay and not admissible under admissions exception when the declarant is available by testifying |
| Alleged prosecutorial misconduct for not pursuing/acknowledging other suspect | State presented evidence of a second intruder and allowed references; prosecution did not suppress evidence of another suspect | Mays claimed prosecution ignored/blocked mention of “Kevin” and submitted false evidence | Rejected — record shows the second intruder was referenced; no misconduct shown affecting verdict |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- State v. Bryant, 101 So.3d 429 (La. 2012) (Louisiana application of Jackson review)
- State v. Palmer, 57 So.3d 1099 (admissibility limits on defendant offering his own out-of-court statements)