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STATE v. CRUMPTON

No. 88336-0.

332 P.3d 448 (2014)

181 Wn.2d 252

STATE of Washington, Respondent, v. Lindsey L. CRUMPTON, Petitioner.

Supreme Court of Washington, En Banc.

August 21, 2014.

Attorney(s) appearing for the Case

Thomas E. Weaver Jr. , Attorney at Law, Bremerton, WA, for Petitioner. Randall Avery Sutton , Kitsap Co Prosecutor's Office, Port Orchard, WA, for Respondent.

Diane Marie Meyers , Graham & Dunn, Kellen Andrew Hade , Attorney at Law, Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Innocence Network.

FAIRHURST, J.

¶ 1 In 1993, petitioner Lindsey L. Crumpton was convicted of five counts of first degree rape and one count of residential burglary. In 2011, he petitioned the court for postconviction deoxyribonucleic acid (DNA) testing pursuant to RCW 10.73.170. The superior court denied this motion, saying he had not shown a "`likelihood that the DNA evidence would demonstrate his innocence on a more probable than not basis'" as is required by RCW 10.73.170(3...

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