State ex rel. Thinh Tran v. State

Supreme Court of Louisiana

State ex rel. Thinh Tran v. State

99 So. 3d 1005, 2012 WL 4768950, 2012 La. LEXIS 2691

CourtSupreme Court of Louisiana

DecidedOctober 8, 2012

DocketNo. 2012-KH-1275

StatusPublished

Cited by2 cases

This text of 99 So. 3d 1005 (State ex rel. Thinh Tran v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Thinh Tran v. State, 99 So. 3d 1005, 2012 WL 4768950, 2012 La. LEXIS 2691 (La. 2012).

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Opinion

PER CURIAM.

11 Writ granted. Following a rape conviction in which the state’s case rested on identification testimony and in which relator presented a defense of misidentification 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 hold a hearing to evaluate the availability and integrity of the physical 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 ex rel. Jackson v. State, 11-0394 (La.5/25/12), 90 So.3d 384; State v. Stokes, 10-1387 (La.2/11/11), 56 So.3d 1008.

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PER CURIAM.

11 Writ granted. Following a rape conviction in which the state’s case rested on identification testimony and in which relator presented a defense of misidentification 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 hold a hearing to evaluate the availability and integrity of the physical 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 ex rel. Jackson v. State, 11-0394 (La.5/25/12), 90 So.3d 384; State v. Stokes, 10-1387 (La.2/11/11), 56 So.3d 1008.

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Bluebook (online)

99 So. 3d 1005, 2012 WL 4768950, 2012 La. LEXIS 2691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-thinh-tran-v-state-la-2012.

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