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STATE v. THOMPSON

No. 59366-8-I.

229 P.3d 901 (2010)

STATE of Washington, Respondent, v. Bobby Ray THOMPSON, Appellant.

Court of Appeals of Washington, Division 1.

March 29, 2010.

Attorney(s) appearing for the Case

David Bruce Koch, Nielsen Broman Koch PLLC, Seattle, WA, for Appellant.

Seth Aaron Fine, Attorney at Law, Snohomish Co. Pros. Ofc., Everett, WA, for Respondent.

GROSSE, J.

¶ 1 A postconviction motion for DNA testing of semen samples in a rape case should be granted when testing would provide new information about the rapist's identity and favorable results would establish the defendant's innocence on a more probable than not basis. Here, there was no evidence that anyone other than the rapist had intercourse with the victim; thus, DNA results excluding the defendant as the donor of the sperm would provide new information...

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