97-K - 2918 STATE OF LOUISIANA v. MICHAEL MCARTHUR (Parish of Calcasieu) (Aggravated Rape; Aggravated Kidnapping and Aggravated Crime Against Nature)
State: Louisiana
Docket No: 97k2918.opn
Case Date: 11/06/1998
Plaintiff: 97-K - 2918 STATE OF LOUISIANA
Defendant: MICHAEL MCARTHUR (Parish of Calcasieu) (Aggravated Rape; Aggravated Kidnapping and Aggravated Crime
Preview: SUPREME COURT OF LOUISIANA
NO. 97-K-2918 STATE OF LOUISIANA versus MICHAEL MCARTHUR ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CALCASIEU Victory, J.* We granted a writ of certiorari in this case to determine whether evidence of the defendant's other crimes involving nonconsensual sexual conduct is admissible as evidence in his prosecution for aggravated rape, aggravated kidnapping, and aggravated crime against nature against an adult victim where the defendant admits the sexual act charged against him but claims the victim consented. FACTS AND PROCEDURAL HISTORY According to the victim's testimony, on October 19, 1993, defendant flagged down the victim as she was driving and asked her for a ride. The victim stopped and gave defendant a ride to a local store. After buying gas for her car at the store, defendant hit her and told her to pull over. He then took the wheel and held the victim's face in his lap, threatening to slice her neck with a knife if she moved. After defendant drove the car through a ditch and stopped, he dragged the victim out of the car to an open area and forced her to perform oral sex. Afterward, defendant, still hitting and threatening the victim, forced her to have both anal and vaginal sex. Defendant then drove the victim to a second location where he hit the victim again,
*
Johnson, J., not on panel. Rule IV, Part 2,
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