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Simmons v. State

The circumstantial evidence, including the defendant's DNA in dried seminal fluid on the victim's leg and lower abdomen, supported his malice murder conviction.

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Kelvin Simmons was convicted for the malice murder of Sheila Easley in February 2002.1 Following the trial court’s denial of his motion for new trial, Simmons appeals. He contends the evidence was insufficient to convict him, the trial court committed procedural errors, the trial court erred in instructing the jury, and trial counsel was ineffective. Finding no error, we affirm.

The evidence adduced at trial showed that Sheila Easley’s body was discovered inside the doorway of her home after she did not return to work following her lunch break on January 29, 2001. Easley’s upper body was dressed as it had been at work earlier that day, but her lower body was nude except for a jacket covering her. Her underwear was ripped in half under her body and her pants were missing. Investigators found dried seminal fluid on her leg and lower abdomen, which tested positive for Simmons’ DNA. The State Medical Examiner’s office performed an autopsy on Easley and determined that she died as a result of strangulation.

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