Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Harvey v. State

DNA evidence matching the defendant, handwriting analysis of a note police found on the victim's body, and similar transaction witnesses' testimonies supported the defendant's convictions for malice murder, rape, aggravated sodomy and aggravated assault in connection with the victim's strangulation death.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Michael Darnell Harvey was convicted of malice murder, rape, aggravated sodomy, and aggravated assault in connection with the strangulation death of Valerie Payton.1 He appeals from the denial of his motion for new trial in which he challenged the sufficiency of the evidence and asserted the trial court erred in the admission of similar transaction evidence. Finding no error in the denial of his motion, we affirm.

1. Viewed in the light most favorable to the verdict, the jury was authorized to find that on October 19, 1994, Harvey fatally strangled, raped, sodomized, and assaulted Payton. Her nude body was discovered in an area frequented by Harvey with over 50 post-mortem incision wounds and a handwritten note stating, “I’M BACK ATLANTA, MR. X.” Medical examiners took vaginal and rectal DNA swabs; however, no DNA match was found using the RFLP DNA test available at the time. In 2004, Payton’s preserved DNA swabs were sent to a private laboratory for contemporary testing using the STRS DNA test. That laboratory identified a distinct male profile. These test results were sent to the Georgia Bureau of Investigation in 2005, and after comparison with Georgia’s DNA database, the GBI concluded the male DNA profile taken from Payton’s body matched Harvey’s DNA profile. Despite Harvey’s denial that he knew or had sexually assaulted Payton, a subsequent STRS DNA test confirmed the DNA match. Handwriting analysis determined the note found on Payton’s body may have been written by Harvey. The State also presented the testimony of three similar transaction witnesses who testified that appellant manually choked, raped and sodomized them at a time within two years of the crimes charged.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs