Module 14 :: Postconviction
Topic 1 :: Framework for Considering Cases
Category 2
In these cases in which biological evidence was collected and still exists, DNA results could support a claim of innocence, but reasonable disagreement could exist whether the results exonerate the petitioner.
Example: Petitioner was convicted of a homicide. The prosecution presented evidence and argued in closing that blood on a shirt found at petitioner's home came from the victim. Standard ABO blood typing had revealed a match between the sample and the victim's blood type. DNA testing that excludes the victim as a source of the bloodstains might be helpful to the petitioner's claim, yet not establish innocence.