State v. Crumpton

¶1 In 1993, petitioner Lindsey L. Crumpton was convicted of five counts of first degree rape and one count of residential burglary. In 2011, he petitioned the court for postconviction deoxyribonucleic acid (DNA) testing pursuant to RCW 10.73.170. The superior court denied this motion, saying he had not shown a “ likelihood that the DNA evidence would demonstrate his innocence on a more probable than not basis’ ” as is required by RCW 10.73.170(3). Clerk’s Papers (CP) at 63 (quoting RCW 10.73-.170(3)). The Court of Appeals affirmed. We must decide the standard the court should use to decide a…