2021KW0112 Nonprecedential Writ denied Processed

State Of Louisiana v. Douglas Robertson

Louisiana Court of Appeal, First Circuit · Filed March 2, 2021

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0112

VERSUS

DOUGLAS ROBERTSON MARCH 02, 2021

In Re: Douglas Robertson, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, No. 07- 03- 0089.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT DENIED. The district court did not err in dismissing
relator' s application for postconviction relief. Relator' s
application for postconviction relief requesting DNA testing
failed to comply with the requirements set forth in La. Code
Crim. P. art. 926. 1. In particular, the evidence in question

was
previously submitted for DNA testing. Further, relator

failed to establish an articulable doubt based on competent

evidence as to his guilt, and that there was a reasonable

likelihood that the requested DNA testing would resolve the

doubt and establish his innocence. Additionally, Article

926. 1( D) specifically provides that relief shall not be granted

when the court finds there was a substantial question as to the

integrity of the evidence to be tested. According to

documentation presented to this court, substantial questions

were raised as to the integrity of the evidence at issue.

JMG
PMO
WIL

COURT OF APPEAL, FIRST CIRCUIT

INCA

DEPUTY
W- tuv
CLERK OF COURT
FOR THE COURT