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Ellisonv.The State

CourtSupreme Court of Georgia
Docket No.S20A0984
DecidedSeptember 8, 2020
Reporter309 Ga. 810
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptFourth AmendmentSearch and SeizureDNA EvidenceEvidence
Case Summary

Johnathan Ellison was convicted of malice murder after Antwane Hyatte was stabbed. Ellison challenged the admission of DNA evidence obtained from a warrantless buccal swab while he was in custody. The Georgia Supreme Court affirmed. The court held that the DNA evidence did not require suppression and that its admission did not harm Ellison. The testing showed that Ellison’s DNA was not present at the crime scene and instead revealed an unidentified third-party profile. That result supported Ellison’s argument that the investigation was incomplete rather than strengthening the State’s case against him. Because the evidence did not contribute to the verdict or prejudice the defense, the court rejected the claim and left the murder conviction intact.

Opinion

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