State v. Brown

The majority today commits a grave injustice by misconstruing the trial record and by concluding that the defendant is not entitled to a new trial despite the discovery of exculpatory evidence that was not available during trial. I disagree with the majority’s conclusion that the trial court properly denied the defendant’s motions for a continuance and for a mistrial when the defendant sought to conduct *473deoxyribonucleic acid (DNA) testing on seminal stains found on the blue jeans worn by the victim at the time of the assault, when the whereabouts of the jeans were discovered for the first…