State v. Stokes
State v. Stokes, 56 So. 3d 1008 (La. 2011).
Cited by
- State v. Durr 202 So. 3d 996 La. 2016
- State v. Debrow 138 So. 3d 1229 La. 2014
- State ex rel. Ford v. State 107 So. 3d 640 La. 2013
- State ex rel. Thinh Tran v. State 99 So. 3d 1005 La. 2012
- State ex rel. Jackson v. State 90 So. 3d 384 La. 2012
Opinion text
In re Stokes, a/k/a, Lenard B.; Stokes, Leonard B.; —Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. E, No. 99-F1160; to the Court of Appeal, Second Circuit, No. 45548-KW. Writ granted. Following a rape conviction in which the State’s case rested almost entirely on the victim’s identification, and in which relator presented an alibi defense at trial, the lower courts erred when they denied the application for post-conviction DNA testing based on the alleged failure to establish articulable doubt. La.Code Crim. Proc. art. 926.1(B) and (C). The district court is therefore directed to investigate the availability and integrity of the allegedly untested evidence and to order DNA testing in the event that it determines the results could tend to make relator’s guilt more or less probable. La.Code Crim. Proc. art. 926.1(C) and (D). VICTORY and CLARK, JJ., would deny.