Ellison v. Georgia
Annotate this CaseJohnathan Ellison was convicted of malice murder for the stabbing death of Antwane Hyatte. Ellison appealed, arguing the trial court erred in admitting DNA evidence obtained from a buccal swab performed on him without a warrant while he was in custody. He argued that the admission of that evidence violated his constitutional rights because he did not knowingly and voluntarily consent to the buccal swab, and he was not given any Miranda-type warning. The Georgia Supreme Court determined the DNA evidence obtained from Ellison’s buccal swab did not match any of the DNA found at the crime scene or inculpate him in any other way, thus its admission was harmless beyond a reasonable doubt. The Court therefore affirmed.
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