State v. Johnson
Supreme Court of Louisiana
1DissentJohnson, J.
11 Since this case is res nova, and presents the first opportunity to give direction to trial courts on how to apply and weigh the science of deoxyribonucleic acid (DNA)1 testing to determine factual innocence in Applications for Post Conviction Relief, I would grant defendant’s writ application. In my view, the trial court correctly decided the DNA claim raised by the defendant in his initial writ application. The majority opines that due to the trial court’s July 22, 2009, ruling, which granted defendant a new trial based on his Brady2 claims, we need not consider the trial court’s ruling…
2Cases cited7 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- House v. BellSupreme Court of the United States · 2006
- Fernandez v. HebertLouisiana Court of Appeal · 2007
- State v. KennerSupreme Court of Louisiana · 2005
- State v. ColemanLouisiana Court of Appeal · 2005
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