Sewell v. State

STATON, Judge.

Jesse Sewell appeals the denial of his post-conviction discovery motions. He presents two issues for our review:

I. Whether the trial court erroneously refused to order the release of State’s Exhibit 4 (a “rape kit”) for laboratory examination and potential subjection to DNA testing.

II. Whether the trial court erroneously refused Sewell’s motion to examine laboratory reports compiled by a State witness.

We reverse.

On December 22, 1981, Sewell was found guilty of rape, a Class B felony. 1 The conviction was affirmed on direct appeal, sufficient evidence having been established by…