55 So. 3d 856
La. Ct. App.2010Background
- Morrison was convicted by a jury of aggravated rape and aggravated oral sexual battery with concurrent life and 20-year sentences.
- The charges arose from a 1997 incident involving nine-year-old J.M. and Morrison and her husband, Danny Morrison, including a videotaped assault.
- Danny Morrison pled guilty to aggravated rape; Morrison was initially found incompetent but later deemed competent to proceed in 2008.
- Expert testimony and a videotape were central to proving penetration and Morrison’s participation in the offenses.
- Defendant challenged sufficiency of evidence, trial counsel’s effectiveness, suppression of the search warrant, prosecutorial comments, and sentence excessiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated rape | Morrison argues no proof of her husband’s penetration. | State contends Morrison acted as a principal and penetrated the victim. | Evidence supports penetration; Morrison guilty as co-perpetrator. |
| Ineffective assistance of counsel | Counsel abandoned insanity defense without adequate basis. | Record insufficient to assess; post-conviction relief proper. | Issue requires post-conviction relief proceedings; direct appeal not decisive. |
| Search warrant sufficiency | Warrant description was inadequate because of driveway description. | Warrant sufficiently described the place; search proper. | Warrant description adequate; suppression not required. |
| Prosecutor's misstatement of law and mistrial | Prosecutor improperly described justification as an 'excuse'. | No reversible error; court instructed on law. | No reversible error; no mistrial required. |
| Cruel and unusual punishment / excessiveness | Mandatory life and maximum 20-year sentences are excessive given her background. | Sentences are properly tailored to the offenses and offender. | sentences affirmed as constitutional and properly tailored. |
Key Cases Cited
- State v. Bertrand, 461 So.2d 1159 (La.App.3d Cir.1984) (any penetration supports rape; minor as to latter element)
- State v. Pigford, 922 So.2d 517 (La.2006) (appellate deference to jury credibility determinations)
- State v. Cheatwood, 458 So.2d 907 (La.1984) (insanity defense burden and justification affirmative defense)
- State v. Foley, 456 So.2d 979 (La.1984) (constitutionality of mandatory life sentence for aggravated rape)
- State v. Linnear, 26 So.3d 303 (La.App.2 Cir.2009) (two-pronged scrutiny of sentences under Art. 894.1)
- State v. Guzman, 769 So.2d 1158 (La.2000) (excessiveness review standards for sentences)
- State v. Marshall, 660 So.2d 819 (La.1995) (trial court’s broad discretion in sentencing)
- State v. Weary, 931 So.2d 297 (La.2006) (review of prosecutorial conduct for prejudice)