Leslie v. State
301 Ga. 882
Ga.2017Background
- Victim Jason Wade was shot six times in his apartment on Aug. 28, 2008; the .40-caliber murder weapon was not recovered but six casings from a single .40-caliber gun were found.
- Eugene Leslie had been supplying Wade drugs and briefly lived with him; Leslie and his girlfriend Elizabeth Moore returned to Wade’s apartment under the pretense of selling drugs the day of the killing.
- Moore identified Leslie as the shooter; a motel roommate (Jordan Evora) fled the scene; Leslie later instructed a third party in a jail letter to establish an alibi for him.
- Leslie was arrested the day of the shooting; a later traffic stop recovered small baggies of cocaine. Indictment was dismissed and re‑filed (Dec. 2008) with death‑penalty aggravators; the State filed a death‑penalty notice in June 2010 but later withdrew it by agreement.
- Jury convicted Leslie of malice murder and related counts; sentenced to life without parole plus consecutive terms; Leslie appeals arguing insufficiency of the evidence, speedy‑trial violations, and erroneous admission of a jailhouse letter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder and related convictions | Leslie: evidence insufficient to prove he shot Wade | State: eyewitness ID (Moore), casings, letter directing an alibi, drugs link defendant to scene | Affirmed — evidence sufficient under Jackson v. Virginia |
| Statutory speedy‑trial violation (OCGA §17‑7‑171) | Leslie: State misled defense into withdrawing statutory speedy‑trial demand by promising to file death notice quickly | State: withdrawal document contained no condition; Georgia law does not permit conditional withdrawal; no timely renewal by defense | Affirmed — no statutory violation; trial court correctly denied discharge |
| Constitutional speedy‑trial violation (Barker/Doggett factors) | Leslie: 22‑month delay in death notice and ~4‑year delay to trial violated Sixth Amendment right to speedy trial | State: delays attributable to both sides; defendant withdrew demand and failed to timely assert right; no prejudice shown | Affirmed — although delay was presumptively prejudicial, Barker factors (defendant’s long failure to assert right, lack of demonstrated prejudice, and mixed reasons for delay) do not show constitutional violation |
| Suppression/authentication of jailhouse letter to Renatta Lester | Leslie: as a pretrial detainee he retained privacy in outgoing mail; letter seized without probable cause and not properly authenticated | State: jail had routine mail inspection for security; letter seized pursuant to security protocols; authentication objection not preserved | Affirmed — search lawful under security protocol; authentication claim not preserved for appeal |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Barker v. Wingo, 407 U.S. 514 (framework for Sixth Amendment speedy‑trial analysis)
- Doggett v. United States, 505 U.S. 647 (presumptive prejudice and prejudice analysis for delay)
- Ruffin v. State, 284 Ga. 52 (Georgia application of Barker/Doggett factors)
- Phan v. State, 290 Ga. 588 (threshold for presumptive prejudice; Barker/Doggett analysis)
- Buckner v. State, 292 Ga. 390 (weighing delay against the State)
- Porter v. State, 288 Ga. 524 (defendant’s delay in asserting right weighs against him)
- Boseman v. State, 263 Ga. 730 (delay in death‑penalty context can be presumptively prejudicial)
- Thomas v. State, 263 Ga. 85 (diminished Fourth Amendment expectation for pretrial detainee’s cell and effects)
- State v. Henderson, 271 Ga. 264 (searches for security and maintenance fall outside Fourth Amendment protection)
- Dinkins v. State, 300 Ga. 713 (preservation requirement for objections to authentication)