State v. Wilson
685 So.2d 1063, 1996 WL 718217 (1996)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A state law authorizing capital punishment for the aggravated rape of a child under the age of twelve does not constitute a grossly disproportionate or excessive punishment, and therefore does not violate the Eighth Amendment's prohibition against cruel and unusual punishment.
Facts:
- Anthony Wilson was accused of the aggravated rape of a five-year-old girl.
- In a separate case, Patrick Dewayne Bethley was accused of raping three girls, aged five, seven, and nine.
- One of Bethley's alleged victims was his own daughter.
- At the time of the alleged crimes, Bethley was aware that he was HIV positive.
Procedural Posture:
- Anthony Wilson was charged by grand jury indictment with aggravated rape in a state trial court.
- Wilson filed a motion to quash the indictment, arguing that the death penalty for rape was unconstitutional.
- The trial court granted Wilson's motion to quash.
- The State of Louisiana, as applicant, appealed the trial court's ruling directly to the Supreme Court of Louisiana.
- In a separate case, Patrick Dewayne Bethley was charged with aggravated rape in a state trial court.
- Bethley filed a motion to quash the indictment, also arguing the statute's unconstitutionality.
- The trial court granted Bethley's motion to quash.
- The State of Louisiana, as applicant, appealed this ruling, and the Supreme Court of Louisiana consolidated the two appeals for its review.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a state law authorizing the death penalty for the aggravated rape of a child under the age of twelve violate the Eighth Amendment's prohibition against cruel and unusual punishment?
Opinions:
Majority - Bleich, J.
No, a state law authorizing the death penalty for the aggravated rape of a child under the age of twelve does not violate the Eighth Amendment's prohibition against cruel and unusual punishment. The court distinguished this case from Coker v. Georgia, which prohibited the death penalty for the rape of an adult woman, by emphasizing that the Coker court repeatedly specified its holding applied to adults and left open the question of child victims. The court deferred to the Louisiana legislature's judgment, viewing it as a reflection of society's 'evolving standards of decency,' which recognize the unique vulnerability of children and the devastating, lasting harm caused by child rape. Although Louisiana was the only state with such a law, the court found this fact was not determinative, as a state is not constitutionally barred from being the first to enact such a penalty. The statute is also constitutional because it sufficiently narrows the class of death-eligible offenders to only those who rape children under twelve, thus preventing arbitrary application as required by Gregg v. Georgia and Lowenfield v. Phelps.
Concurring - Kimball, J.
Concurs in the result because Coker v. Georgia does not preclude the death penalty in all circumstances of the rape of a child under twelve, and Louisiana's statutory scheme sufficiently narrows the class of death-eligible defendants.
Concurring - Victory, J.
Concurs with the majority's conclusion that the statute is constitutional but writes separately to urge the Legislature to amend the Code of Criminal Procedure to clarify the specific sentencing procedures for aggravated rape cases where the death penalty may be imposed.
Dissenting - Calogero, C.J.
Yes, a state law authorizing the death penalty for the aggravated rape of a child under the age of twelve violates the Eighth Amendment's prohibition against cruel and unusual punishment. The statute is facially unconstitutional under the U.S. Supreme Court's precedents in Coker v. Georgia, Furman v. Georgia, and Gregg v. Georgia. The fact that no other state in the nation imposes the death penalty for this offense is compelling evidence of a national consensus against it, which is a critical factor in Eighth Amendment analysis.
Analysis:
This decision created a significant split from the prevailing interpretation of Coker v. Georgia, which was widely understood to prohibit the death penalty for any non-homicide crime against an individual. By upholding the statute, the Louisiana Supreme Court established a direct constitutional challenge to this precedent, specifically in the context of child victims. The ruling highlighted the tension between judicial deference to legislative determinations of 'evolving standards of decency' and the judiciary's role in assessing national consensus, especially when a single state stands alone. This case set the stage for future U.S. Supreme Court review, which ultimately occurred in Kennedy v. Louisiana (2008), where the Supreme Court overturned this reasoning and held the death penalty for child rape unconstitutional.
Unlock the full brief for State v. Wilson