142 So. 3d 141
La. Ct. App.2014Background
- Defendant Michael Wilm ot was convicted by a twelve-person jury of aggravated rape and sexual battery of a victim under thirteen.
- The court imposed life imprisonment without parole for aggravated rape and 99 years for sexual battery, to run consecutively.
- Wilmot challenged the convictions and sentences on appeal, arguing non-unanimous juries and excessive sentencing, among other points.
- The trial record includes a statement Wilm ot gave after waiving rights, admitting to some sexual acts, later contested at trial.
- The victim, K.A., testified about abuse beginning when she was six; the defense contended Wilm ot did not commit the acts.
- The appellate court affirmed the convictions and sentences, rejecting equal-protection and non-unanimity challenges and addressing excessiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of non-unanimous verdicts | Wilmot argues Article I, § 17 and Art. 782 violate the Sixth/Fourteenth Amendments. | Wilmot contends non-unanimous verdicts are unconstitutional and discriminatory. | Non-unanimous verdicts constitutional in non-capital cases. |
| Excessive sentencing for sexual battery | Wilmot asserts the 99-year term is excessive and guideline consideration was missed. | Wilmot claims improper application of guidelines and desire for concurrent terms. | Sentence within broad discretion; not excessive under record. |
| Eligibility of error-patent review | Discrepancy between transcript and commitment on post-conviction advisal warrants correction. | N/A (arguments addressed in review). | Court may correct advisal deficiencies and advise on post-conviction deadlines. |
Key Cases Cited
- Apodaca v. Oregon, 406 U.S. 404 (U.S. 1972) (upholds non-unanimous juries in state trials (plurality context))
- State v. Bertrand, 6 So.3d 738 (La. 2009) (reiterates constitutionality of non-unanimous six-member juries)
- State v. Napoleon, 103 So.3d 608 (La. App. 5th Cir. 2012) (upholds non-unanimous verdicts in non-capital cases)
- State v. Brooks, 103 So.3d 608 (La. App. 5 Cir. 2012) (addresses non-unanimous verdicts; writ denied)
- State v. Talbert, 416 So.2d 97 (La. 1982) (excessive punishment framework for review)