Postconviction Category 3 Example Cases

These are cases in which biological evidence was collected and still exists. If the evidence is subjected to DNA testing or retesting, the results will not be relevant to a guilt or innocence determination.

Example 8: Petitioner is presently incarcerated for a gang rape. The victim testified that seven persons were involved but that she is not sure that all actually engaged in sexual intercourse. If the vaginal swabs that were preserved are tested and petitioner's DNA profile is not found, the significance of the results will be minimal. It should be noted, however, that if other participants in the rape can be identified through DNA testing and petitioner can show the unlikelihood that he ever had any contact with the other participants, this case may fall into category 1 or 2.

Example 9: Biological evidence exists that cannot be analyzed with current technology.

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