Lewis v. GeorgiaAnnotate this Case
Freddie Lewis was convicted of malice murder, rape, and burglary in connection with the 1991 death of Evelyn Wise. Lewis argued the trial court erred: (1) by denying his motion for a directed verdict; (2) by denying his motion in limine to exclude DNA evidence based on inadequate chain of custody; (3) by failing to conduct an evidentiary hearing to determine the admissibility of DNA evidence; (4) in admitting the statements of a deceased witness; and (5) by sentencing him on the aggravated assault, burglary, and rape counts because the statutes of limitations for those counts had expired prior to trial. The Georgia Supreme Court determined the trial court committed no error, because the evidence was sufficient to support convictions on the crimes charged, and the DNA evidence, as well as the out-of-court statements by the deceased witness, were properly admitted. Finally, the statute of limitations period was tolled while Lewis’s identity was unknown, and so the trial court properly sentenced Lewis.