State Of Louisiana v. Douglas Robertson
State Of Louisiana v. Douglas Robertson, No. 2021KW0112 (La. Ct. App. 1st Cir. Mar. 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