State v. Henry
Louisiana Court of Appeal
102 So. 3d 1016 (2012)
- Written by Abby Roughton, JD
Facts
The State of Louisiana (plaintiff) charged David Henry (defendant) with the aggravated and forcible rape of R C, the minor daughter of Henry’s girlfriend. At Henry’s trial in 2011, R C testified that she and her mother lived with Henry and that Henry raped her multiple times when she was between the ages of 12 and 14. The state presented evidence that R C became pregnant and gave birth to a baby in 2009. Forensic DNA testing revealed to a 99.99 percent level of certainty that Henry was the baby’s father. The state also presented evidence that in 1978, when Henry was 16, Henry pleaded guilty to the attempted aggravated rape of his 10-year-old neighbor. The jury ultimately found Henry guilty of the aggravated and forcible rape of R C, and he appealed, arguing that the trial court improperly admitted the evidence of his prior conviction because the conviction was over 30 years old and thus had minimal probative value.
Rule of Law
Issue
Holding and Reasoning (Ledet, J.)
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