State v. Crumpton

f 25 (dissenting) — Lindsey Crumpton was convicted of five counts of first degree rape and one count of residential burglary in 1993. Crumpton petitioned the court in 2001 for postconviction deoxyribonucleic acid (DNA) testing on the victim’s rape kit and various items recovered from the scene. The majority holds that a trial court should presume favorable test results in deciding whether to grant a motion for postconviction DNA testing under RCW 10.73-.170. Majority at 260. However, the statute contains no such presumption. The substantive portion of RCW 10.73.170 provides that a court shall…