9 results for 'cat:"DNA" AND cat:"Evidence" AND cat:"Murder"'.
J. Gill finds the circuit court in 2019 properly convicted defendant of two counts of first-degree murder after law enforcement used saliva from an envelope he gave them to match his DNA to DNA collected from semen at the scene of an unsolved double murder and sexual assault from 1976. Although defendant's DNA was collected as part of a "ruse" concocted by law enforcement involving a fake survey the circuit court referred to as a "complete fabrication" designed to collect his DNA after he became a suspect based on DNA analysis, defendant's challenge to the surreptitious collection of his DNA fails because he voluntarily and with consent handed the envelope containing his saliva to law enforcement. Defendant's motion to suppress was properly denied, and his judgment of conviction stands. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: April 30, 2024, Case #: 2022AP000882-CR, Categories: dna, evidence, murder
J. Anderson affirms the district court's dismissal of a postconviction relief petition for murder and attempted murder convictions, finding that the petitioner has not satisfied the newly-discovered-evidence or interests-of-judgment exceptions to the time limit for such petitions. Newly-discovered DNA evidence does not meet that threshold because the petitioner has not met the clear-and-convincing standard to show that it is exculpatory, and he has not otherwise shown that the interests of justice require a new trial. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: April 24, 2024, Case #: A23-0851, Categories: dna, evidence, murder
J. Lowy vacates the defendant’s murder conviction. The strongest piece of physical evidence used to convict the defendant was a bloody leather jacket combined with witness testimony supporting that the blood belonged to the murder victim, but DNA testing 20 years after the conviction proved that the blood was not the victim’s. Vacated.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 12, 2024, Case #: SJC-13399, Categories: dna, evidence, murder
J. Hunter finds that defendant was properly sentenced on his conviction for second degree murder. In this case, defendant's stepbrother told the police that defendant had hidden a gun on his property and that he was “scared of the way [defendant] had been acting over the last few days.” Further, another witness told the police that defendant asked him to burn the rubber mats from his truck. Also, blood on the victim's shoes and cell phone, which were found on defendant's property, and blood on a carpet from defendant's truck, matched the victim's DNA. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: November 15, 2023, Case #: 55,314-KA, Categories: dna, evidence, murder
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J. Schumacher finds that defendant was properly denied relief from his second-degree murder conviction stemming from the shooting death of his friend during a night of drinking since his conviction was supported by witness testimony and DNA evidence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 8, 2023, Case #: 22-2024, Categories: dna, evidence, murder
J. Eaves remands the lower court's denial of a motion for suppression of evidence brought by a man charged with first-degree murder because factual findings regarding the origin of DNA evidence must be conducted first. The man was previously charged with involvement in a homicide, but the charges were ultimately dropped. However, investigators developed relevant DNA months later that matched the man's, which is when the state charged him with murder. But questions remain about how the evidence was collected and whether it should've been destroyed when the initial charges were dropped against him. Reversed.
Court: Supreme Court of Maryland, Judge: Eaves, Filed On: July 28, 2023, Case #: C-06-CR-19-000833, Categories: dna, evidence, murder
J. Cypher affirms the denial of the defendant’s motion for a new trial, which the defendant requested based on blood and DNA trial evidence that he argues is unreliable. The blood and DNA evidence was only part of the evidence used, and other evidence included numerous statements by the defendant, including threatening statements to the victim and his loved ones and telling police he expected them when they showed up to arrest him.
Court: Massachusetts Supreme Court, Judge: Cypher, Filed On: July 28, 2023, Case #: SJC-13312, Categories: dna, evidence, murder
J. Gallagher finds the lower court properly denied defendant's petition for postconviction relief in the form of new DNA testing of bullet cartridges found at the scene of the crime. Even if the test results excluded his DNA from the bullets, it would not be outcome determinative, as the initial results were inconclusive and not used by the trial court to find him guilty in the original trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: July 27, 2023, Case #: 2023-Ohio-2588, Categories: dna, evidence, murder