State v. Thompson

229 P.3d 901 (2010)

STATE of Washington, Respondent,

v.

Bobby Ray THOMPSON, Appellant.

No. 59366-8-I.

Court of Appeals of Washington, Division 1.

March 29, 2010.

David Bruce Koch, Nielsen Broman Koch PLLC, Seattle, WA, for Appellant.

Seth Aaron Fine, Attorney at Law, Snohomish Co. Pros. Ofc., Everett, WA, for Respondent.

GROSSE, J.

¶ 1 A postconviction motion for DNA testing of semen samples in a rape case should be granted when testing would provide new information about the rapist's identity and favorable results would establish the defendant's innocence on a more probable than not basis. Here, there…