Postconviction Category 1 Example Cases

These are cases in which biological evidence was collected and still exists. If the evidence is subjected to DNA testing or retesting, exclusionary results will exonerate the petitioner.

Example 1: Petitioner was convicted of the rape of a sexually inactive child. Vaginal swabs were taken and preserved. DNA evidence that excludes the petitioner as the source of the sperm will be dispositive of innocence. Note that in a case such as this, the victim's DNA--also obtainable from the vaginal swab--operates as a control that confirms that the correct sample is being tested. In addition, the victim's age and sexual status guarantee that the swab contains only biological material related to the crime.

Example 2: Petitioner was convicted of the rape of a woman who reported that she was sexually attacked by two men. Vaginal swabs were taken and preserved. Exoneration of the defendant may depend on whether the DNA test of sperm on the vaginal swabs shows two male DNA profiles, both of which exclude petitioner.

Example 3: Petitioner was convicted of the rape of a sexually active woman who reported that she had engaged in consensual sexual intercourse within 24 hours of the rape. Vaginal swabs were taken and preserved. Exoneration of the defendant may depend on whether a DNA sample from the victim's consensual partner is available.

Example 4: Petitioner was convicted of a homicide. The evidence showed that the victim, who had been stabbed repeatedly, had resisted fiercely and that a single perpetrator was involved. There were pools of blood leading from the crime scene. Standard blood typing of the crime scene bloodstains showed that some samples were consistent with the blood of the victim and others were consistent with the blood of the petitioner. The blood samples were retained. DNA testing that excludes the petitioner as a source of the bloodstains would be dispositive of his innocence.

Return to Framework for Analysis