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STATE v. RIOFTA

No. 79407-3.

209 P.3d 467 (2009)

STATE of Washington, Respondent, v. Alexander Nam RIOFTA, Petitioner. In the Matter of the Personal Restraint Petition of Alexander Nam Riofta, Petitioner.

Supreme Court of Washington, En Banc.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Jacqueline McMurtrie, UW Law Clinic-Innocence Project NW, Seattle, WA, for Petitioners.

Lisa Wagner, Michelle Luna-Green, John Cummings, Pierce Co. Prosecutor's Office, Tacoma, WA, for Respondents.

Suzanne Lee Elliott, Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

MADSEN, J.

¶ 1 Alexander Riofta seeks DNA (deoxyribonucleic acid) testing of a white hat that was worn by the perpetrator of a shooting for which he was convicted. Under RCW 10.73.170(2)(a)(iii), a convicted person may seek DNA testing on the ground it would provide "significant new information" that would demonstrate innocence on a more probable than not basis. The trial court denied Riofta's motion on the merits. The Court of Appeals affirmed on an alternative...

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