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S12A0833. LEGER v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S12A0833
Case Date: 10/01/2012
Preview:Final Copy 291 Ga. 584

S12A0833. LEGER v. THE STATE. HINES, Justice. Donavon Shane Leger ("Leger") appeals his convictions for malice murder and aggravated battery in connection with the death of his estranged wife, Tracy Leger ("Tracy").1 For the reasons that follow, we affirm. Construed to support the verdicts, the evidence showed that on the night of her death, Tracy left the home she shared with her brother, David Bumbalough, leaving her nine-year-old son with Bumbalough while she visited Brooks, a male friend with whom she was romantically involved. During that evening, Leger telephoned Tracy's house six to ten times; his speech was slurred and he sounded intoxicated. Tracy called Bumbalough and said that Leger had

The crimes occurred on September 6, 2004. On November 19, 2004, a Cobb County grand jury indicted Leger for malice murder, felony murder while in the commission of aggravated battery, felony murder while in the commission of aggravated assault, aggravated battery, and aggravated assault. Leger was tried before a jury November 5-14, 2007, and found guilty on all charges. On November 15, 2007, he was sentenced to a term of life in prison for malice murder, and a consecutive term of 20 years in prison for aggravated battery; the remaining counts either merged with the malice murder or were vacated by operation of law. See Malcolm v. State, 263 Ga. 369, 371-372 (4), (5) (434 SE2d 479) (1993). Leger filed a motion for new trial on November 15, 2007, which he amended on September 3, 2010, and amended again on November 5, 2010; the motion for new trial, as amended, was denied on January 6, 2011. Leger filed a notice of appeal on January 20, 2011. His appeal was docketed in this Court for the April 2012 term, and orally argued on April 16, 2012.

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called her cell phone 40 times, and that she was going to turn the cell phone off; she suggested that Bumbalough take the house phone off its hook as well. Tracy also said that she would return home shortly. The next morning, Bumbalough helped Tracy's son get ready for school and get on the school bus. Bumbalough then saw Tracy's vehicle behind the house; he discovered her body lying near the vehicle. There were 183 knife wounds on her body, including a number of defensive wounds and wounds that had been inflicted after death. Tracy died of a cut to her jugular vein. During their relationship, Leger had often been abusive toward Tracy; he choked, punched, and kicked her, had thrown her on a bed, and pushed her across a room. He was possessive and jealous, and unhappy that Tracy began a romantic relationship with Brooks after she separated from him. He threatened to kill her, she was scared of him, and Bumbalough moved into her house due to that fear. 1. The evidence authorized the jury to find Leger guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. Leger opted to invoke the reciprocal rules of discovery under OCGA
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