State v. Boykin
320 Ga. App. 9
| Ga. Ct. App. | 2013Background
- In July 1994, a woman reported a home invasion, rape, and related offenses in Summerville, with Boykin identified as a prime suspect near the scene.
- DNA and investigative developments in 1995 eliminated the second suspect, Curtis Avery, as the perpetrator, while Boykin remained a prime suspect.
- Boykin pled guilty in 1995 to a different incident and has been incarcerated since then.
- In 2011, the state indicted Boykin for aggravated assault, two armed robbberies, two rapes, and three burglaries arising from the 1994 incident after DNA evidence linked him to the underwear.
- The trial court dismissed the charges as time-barred by multiple statutes of limitation (4-, 7-, and 15-year limits).
- The state appeals, arguing tolling under the person unknown exception and related theories; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statute of limitations was tolled by a person unknown exception. | Boykin | Boykin | No tolling; Boykin was an identified suspect. |
| Whether the DNA exception applies to tolling the limitations period. | State | DNA exception not invoked; evidence destroyed. | Not applicable; exception waived by stipulation. |
| Whether the state proved exceptions to the limitations period. | State | No valid exception. | No valid tolling; indictment time-barred. |
Key Cases Cited
- State v. Robins, 296 Ga. App. 437 (2009) (burden to prove timely crime or applicable exception)
- Duke v. State, 298 Ga. App. 719 (2009) (limitations run from offense to indictment; liberal interpretation for repose)
- Conzo v. State, 293 Ga. App. 72 (2008) (pretrial plea in bar on statute of limitations governs dismissal)
- Jenkins v. State, 278 Ga. 598 (2004) (person unknown tolling limited to no identified suspect; broad application rejected)
- Royal v. State, 314 Ga. App. 20 (2012) (standard of review for plea in bar with mixed questions of fact and law)