Swafford v. State

I dissent from the majority’s decision to vacate Roy Clifton Swafford’s convictions and sentences for first-degree murder and sexual battery. Swafford’s motion for postconviction relief is based on the 2004 retesting for acid phosphatase of vaginal and anal swabs collected in 1982 from the victim’s body. The majority concludes that the 2004 test results — showing the absence of acid phosphatase — demonstrate that the victim was not sexually battered. On that basis, the majority determines that Swafford’s convictions must be vacated. This result is without any factual or legal justification.

Bas…