State v. Cookson

The Supreme Judicial Court affirmed the judgment of the superior court denying Appellant’s motion for a new trial brought pursuant to Maine’s post-conviction DNA analysis statute, 15 Me. Rev. Stat. 2136-2138, holding that, under the circumstances, the superior court did not err in denying Appellant’s motion for a new trial.Appellant was convicted of two counts of murder. Appellant later filed a motion for a new trial based on mitochondrial DNA testing performed at his request. The superior court denied Appellant’s request for a new trial following an evidentiary hearing. The Supreme Judicial Court affirmed, holding that the superior court did not err in its determination that Appellant failed to prove by clear and convincing evidence that the evidence found on the victim and tested pursuant to Appellant’s DNA testing request could only have come from the perpetrator of the crime. View "State v. Cookson" on Justia Law