State ex rel. Jackson v. State

Supreme Court of Louisiana
State ex rel. Jackson v. State, 90 So. 3d 384 (La. 2012)
2012 WL 1892087; 2012 La. LEXIS 1424
Clark, Deny, Victory, Weimer

State ex rel. Jackson v. State

Opinion of the Court

PER CURIAM.

| Writ granted. Following a rape conviction in which the state’s case rested largely on the victim’s identification and in which relator presented a defense of mis-identification at trial, the lower courts erred when they denied the application for post conviction DNA testing based on the alleged failure of the testing to establish relator’s innocence. La. Code Crim. Proc. art. 926.1(B) and (C). The district court is therefore directed to investigate the availability and integrity of the untested evidence and to order DNA testing in the event that it determines the results could tend to make relator’s guilt more or less probable. La.Code Crim. Proc. art. 926.1(C) and (D). See e.g., State v. Stokes, 10-1387 (La.2/11/11), 56 So.3d 1008.

VICTORY and CLARK, JJ„ would deny. WEIMER, J., recused.

Reference

Full Case Name
STATE ex rel. Henry JACKSON v. STATE of Louisiana
Cited By
3 cases
Status
Published