State v. Debrow

Supreme Court of Louisiana

State v. Debrow

138 So. 3d 1229, 2014 WL 2196415, 2014 La. LEXIS 1229

CourtSupreme Court of Louisiana

DecidedMay 23, 2014

DocketNo. 2013-KP-1814

StatusPublished

Cited by1 cases

This text of 138 So. 3d 1229 (State v. Debrow) 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 v. Debrow, 138 So. 3d 1229, 2014 WL 2196415, 2014 La. LEXIS 1229 (La. 2014).

Pincite

Opinion

PER CURIAM.

| (Writ granted. In regard to relator’s application for DNA testing, following attempted armed robbery convictions 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. La.C.Cr.P. art. 926.1(B) and (C). The district court is therefore directed to investigate 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. C.Cr.P. art. 926.1(C) and (D). See e.g., State ex rel. Tran v. State, 12-1275 (La.10/8/12), 99 So.3d 1005; 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. In all other aspects, relator’s application for post-conviction relief is denied.

VICTORY, J., would deny. KNOLL, J., would deny.

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PER CURIAM.

| (Writ granted. In regard to relator’s application for DNA testing, following attempted armed robbery convictions 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. La.C.Cr.P. art. 926.1(B) and (C). The district court is therefore directed to investigate 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. C.Cr.P. art. 926.1(C) and (D). See e.g., State ex rel. Tran v. State, 12-1275 (La.10/8/12), 99 So.3d 1005; 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. In all other aspects, relator’s application for post-conviction relief is denied.

VICTORY, J., would deny. KNOLL, J., would deny.

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Bluebook (online)

138 So. 3d 1229, 2014 WL 2196415, 2014 La. LEXIS 1229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-debrow-la-2014.

Opinion

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