Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Leftwich v. State

The extraction of the defendant's DNA upon his release from incarceration on unrelated charges did not violate his Fourth and Fifth Amendment rights.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Fulton County jury found Raleigh Duane Leftwich guilty of rape,1 kidnapping,2 aggravated assault with intent to rape,3 and aggravated assault with intent to rob.4 On appeal, Leftwich argues that the trial court erred by 1 ruling that the seizure of his DNA by prison officials, which led to his arrest for these charges, did not violate his constitutional rights; 2 ruling that the statutes of limitation were properly tolled as to the kidnapping and aggravated assault charges; 3 giving an incorrect statement of law in response to a jury note; and 4 denying his motion for directed verdict on the issue of venue. For the following reasons, we affirm. Viewing the facts in the light most favorable to the verdict,5 on the evening of December 31, 1994, 19-year-old E. C. was abducted at gunpoint from the Lenox Square Mall parking lot. E. C. was forced into a car, blinded with a pair of gold sunglasses with painted-over lenses, and driven to an unknown location, where she was raped. The attacker demanded that E. C. give him her address, and he threatened to kill her and her family if she reported the rape. The attacker returned E. C. to Lenox Mall, and the attacker’s DNA was collected from her in a rape kit. The DNA was not matched to a suspect at that time, but a genetic profile of the attacker’s DNA was added to the Combined DNA Index System database “CODIS” in 1999.

In the meantime, on May 23, 1995, Leftwich was indicted by a Gwinnett County jury on various charges unrelated to the attack on E. C. Leftwich pleaded guilty to the charges and was sentenced to 35 years, with 15 years to serve in prison, followed by 20 years probation, and his judgment of conviction was entered on April 23, 1996.

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
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
Real Estate Paralegal

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
ENTREPRENEURIAL TAX ASSOCIATE (Charleston, SC; no billable hour requirement; non-remote)

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Go to Lawjobs