Leger v. State
291 Ga. 584
| Ga. | 2012Background
- Leger appeals his convictions for malice murder and aggravated battery in Tracy Leger’s death.
- Tracy died after being found with 183 knife wounds and a fatal jugular cut; Leger had called her repeatedly the night of, and she planned to return home.
- Leger had a history of domestic violence and threats; Tracy feared him and Bumbalough moved in for protection.
- DNA testing of a cap found near Tracy’s body yielded a Leger match, with the report delivered five days before trial under discovery rules.
- Cell-phone data and other witnesses placed Leger near the crime scene, but several witnesses were not listed in advance; the defense sought exclusion in part and objected to hearsay evidence under the necessity doctrine.
- The court admitted additional evidence (flight indicators, tattoo, and DNA supervisor testimony) and upheld the Confrontation Clause analysis in light of Disharoon and Williams; convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| DNA discovery timeliness and remedy | Leger: late DNA disclosure prejudiced defense, warranting exclusion | State: discretion to cure violations; no prejudice shown | No abuse; DNA admissible |
| Cell phone data and late witness disclosure | Leger: undisclosed witness and demonstratives violated discovery | Leger given time to interview; denial of exclusion not error | No abuse; evidence admitted |
| Hearsay testimony from prior difficulties | Leger: necessity exception not satisfied; hearsay unreliable | Evidence admissible under necessity; other corroborating evidence present | |
| Flight and tattoo evidence admissibility | Leger: flight evidence and tattoo impermissibly prejudicial | Evidence relevant to consciousness of guilt; not unduly prejudicial | Harmless error; admissible evidence supported by probative value |
| Confrontation Clause and DNA supervisor testimony (Craig) | Leger: supervisor testimony violated Confrontation Clause | Disharoon controls; supervisor admissible; no Bullcoming violation | No Confrontation Clause violation; Craig permissible under Disharoon/Williams |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard)
- Jones v. State, 290 Ga. 576 (2012) (discovery and remedy discretion; abuse of discretion standard)
- Higuera-Hernandez v. State, 289 Ga. 553 (2011) (harsh sanction requires prejudice and bad faith)
- Norris v. State, 289 Ga. 154 (2011) (opportunity to interview witness is sufficient remedy)
- McNaughton v. State, 290 Ga. 894 (2012) (necessity exception for hearsay; trustworthiness; witness disclosure)