STATE EX REL. TRAN v. STATE

No. 2012-KH-1275.

99 So.3d 1005 (2012)

STATE ex rel. Thinh TRAN v. STATE of Louisiana.

Supreme Court of Louisiana.

October 8, 2012.


PER CURIAM.

Writ granted. Following a rape conviction in which the state's case rested on identification testimony and in which relator presented a defense of misidentification at trial, the lower courts erred when they denied the application for post conviction DNA testing based on the alleged failure of the testing to establish relator's innocence. La.Code Crim. Proc. art. 926.1(B) and (C). The district court is therefore directed to hold a hearing to evaluate the...

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