2024-KA-0244 Precedential Reversed and Remanded. Herman, J. Dissents and Assigns Reasons Jenkins, J., Concurs in the Result Processed

State of Louisiana v. Kendall Gordon

Louisiana Court of Appeal, Fourth Circuit · Filed January 29, 2025

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STATE OF LOUISIANA * NO. 2024-KA-0244

VERSUS * COURT OF APPEAL

KENDALL GORDON * FOURTH CIRCUIT

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HERMAN, J. DISSENTS AND ASSIGNS REASONS
KKH
I respectfully dissent from the majority and would affirm the trial court’s

decision to deny Kendall Gordon’s petition for wrongful conviction compensation.

In reviewing an application for compensation for wrongful conviction

pursuant to La. R.S. 15:572.8, an appellate court “must afford great weight to the

findings of the trier of fact and apply the manifest error standard.” State v. Ruano,

2019-0709, p. 4 (La. App. 4 Cir. 3/4/19), 294 So. 3d 44, 46 (citing State v. Ford,

50,525, p. 5 (La. App. 2 Cir. 5/18/16), 193 So.3d 1242, 124).

La. R.S. 15:572.8(A)(2) requires proof of factual innocence by clear and

convincing evidence for the petitioner to be entitled to compensation. Therefore, to

meet this burden of proof, Gordon had to show that it was “highly probable or

much more probable than not” that he did not commit the crime for which he was

convicted. Jones v. State, 2022-01455, p. 6 (La. 5/5/23), 362 So. 3d 341, 345

The DNA analysis expert, David Hansen, testified that he could not exclude

Gordon as a possible DNA contributor to the firearm, magazine, and shell casings

and thus the DNA evidence did not exonerate Gordon as a perpetrator.

Additionally, there are credibility issues regarding the recantation of the surviving

victim, Darceleen Comadore, who initially identified Gordon as one of the

perpetrators. Accordingly, I find that the trial court did not err in concluding that

Gordon failed to establish by clear and convincing evidence that he is factually

innocent of the crime for which he was convicted.