State v. Burdick
Annotate this CaseIn 2000, an affidavit of complaint was issued charging "John Doe" with an aggravated rape that occurred in 1994. The affidavit led to the issuance of an arrest warrant. In 2008, law enforcement officers discovered that fingerprints taken from the scene of the crime matched those of Defendant. Later, police determined that the DNA profile of "John Doe" contained in the affidavit was that of Defendant, and a superseding indictment was issued in his name. Defendant was subsequently convicted of attempted aggravated rape. Defendant appealed, arguing that the "John Doe" warrant with the DNA profile was insufficient to identify Defendant and commence prosecution within the applicable statute of limitations. The court of criminal appeals affirmed. The Supreme Court affirmed, holding (1) a criminal prosecution is commenced if, within the statute of limitations for a particular offense, a warrant is issued identifying the defendant by gender and his or her unique DNA profile; and (2) furthermore, a superseding indictment in the defendant's name provides the requisite notice of the charge.
Court Description: Authoring Judge: Chief Justice Gary R. Wade
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