Padgett v. State
District Court of Appeal of Florida
1Per curiam
Appellant appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. For the reasons discussed below, we reverse and remand.
After being convicted of aggravated battery, Appellant filed the instant motion requesting DNA testing on a knife allegedly held by the victim. Appellant asserts that DNA testing will reveal his blood on the knife, supporting his claim that he acted in self-defense.
The trial court denied the motion because “there has not been any evidence presented to indicate that there is a sufficient biological…
2Cases cited3 opinions
- Schofield v. StateDistrict Court of Appeal of Florida · 2003
- Carter v. StateDistrict Court of Appeal of Florida · 2005
- Jordan v. StateDistrict Court of Appeal of Florida · 2007
3Cited by1 opinion
- Ira L. Lane v. StateDistrict Court of Appeal of Florida · 2018