Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McKnight

Court of Appeals of Louisiana, Second Circuit

January 15, 2020

STATE OF LOUISIANA Appellee
v.
KENNY McKNIGHT Appellant

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 354, 648 Honorable Katherine C. Dorroh, Judge

          LOUISIANA APPELLATE PROJECT By: Mary Constance Hanes Counsel for Appellant

          JAMES E. STEWART, SR. District Attorney Counsel for Appellee

          JASON W. WALTMAN NANCY F. BERGER-SCHNEIDER TOMMY J. JOHNSON Assistant District Attorneys

          Before WILLIAMS, PITMAN, and STONE, JJ.

          PITMAN, J.

         A jury convicted Defendant Kenny McKnight of second degree rape, and the trial court sentenced him to 25 years at hard labor, with 5 years to be served without benefit of probation, parole or suspension of sentence. Defendant appeals, arguing that his sentence is excessive. For the following reasons, we affirm Defendant's conviction and sentence.

         FACTS

         On January 22, 2018, the state filed a bill of information charging Defendant with the second degree rape of A.G., which occurred on or about July 19, 2017.

         The jury trial commenced on February 12, 2019. A.G. testified that Defendant is her cousin, i.e., her grandmother's sister's child. She stated that on July 19, 2017, she was 16 years old and was at home with several family members, including Defendant. Defendant came into her bedroom, locked the door, grabbed her by her arms and "slammed" her face down onto the bed. While holding her arms behind her back, Defendant pulled down her elastic-waist pants and underwear. She yelled and screamed and told Defendant to get off of her. She squeezed her buttocks to try to prevent him from penetrating her, but he inserted the top part of his penis into her anus. When Defendant left her room, she tried calling her mother and aunt on the phone, but neither answered. She then called her former cheerleading coach, who drove to her house. Her aunt then arrived and took her to the hospital.

         Melanie Hubbard, a sexual assault nurse examiner, testified that she conducted an examination of A.G. and collected evidence, which she placed in a personal evidence recovery kit ("PERK"). A.G. told Hubbard that Defendant forced his penis into her anus. Hubbard stated that she did not find any injuries to A.G.'s anal or vaginal areas. She noted, however, that this was not unusual because 85 percent of the time, there are no injuries when someone is assaulted.

         Katie Traweek, an expert in DNA analysis, testified that in examining the evidence contained in the PERK, she detected prostate specific antigen on the external genitalia swab and the perineal swab, but did not find any sperm cells. She stated that there was insufficient male DNA to obtain a profile to compare to Defendant's reference sample.

         Detective Jeff Allday of the Shreveport Police Department testified that he works in the sex crimes unit and investigated this case. He learned that Defendant was 24 years old at the time of the alleged rape. He interviewed Defendant; and after being advised of his rights, Defendant admitted that his finger and his penis were briefly "in" A.G.'s anus. He also testified that in September 2010, Defendant was convicted of misdemeanor carnal knowledge of a juvenile, and the victim in that case was 13 years old.

         On February 13, 2019, the jury found Defendant guilty as charged of second degree rape. On February 28, 2019, the trial court denied Defendant's motion for post-verdict judgment of acquittal. It then sentenced Defendant to 25 years at hard labor, with 5 years to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.