5 N.E.3d 816
Mass.2014Background
- Wade convicted in 1997 of first-degree murder on a felony-murder theory and aggravated rape; aggravated rape vacated on direct appeal as duplicative.
- Since 2002 Wade sought DNA testing of trial evidence; testing not conducted previously.
- Massachusetts enacted G. L. c. 278A in 2012 to provide postconviction access to forensic testing for factually innocent, incarcerated offenders.
- Wade filed a § 3 motion under c. 278A, § 3 (March 26, 2012) seeking DNA testing and an evidentiary basis for innocence.
- Two Superior Court judges denied Wade’s renewed motion; the first denied for lack of potential material evidence, the second denied without hearing.
- This appeal presents whether Wade’s § 3 motion meets the threshold requirements for a hearing under § 3 (b)-(5) and § 3 (d).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wade’s § 3 motion satisfied threshold § 3 requirements | Wade argues motion meets § 3 (b)-(d) with potential material evidence and factual innocence | Commonwealth contends motion fails § 3 (b) (4)-(5) and (d) | Yes; motion meets threshold and must be heard |
| Whether § 3 (b) (4) requires probability of a more favorable result at trial | DNA testing could exonerate Wade by excluding him as contributor | No burden to show likely exoneration at trial | Threshold requirement met; no need to show probability of favorable trial result |
| Whether Wade's § 3 (d) affidavit satisfies factual innocence requirement | Affidavits claim innocence and testing will support it | Affidavits insufficient to prove factual innocence given alternatives | Affidavits satisfied factual innocence requirement; statute allows assertion of innocence notwithstanding prior statements |
Key Cases Cited
- Commonwealth v. Vao Sok, 425 Mass. 787 (Mass. 1997) (DNA testing admissibility; threshold relevance for § 3 (b) (4))
- Commonwealth v. Saferian, 366 Mass. 89 (Mass. 1974) (ineffective assistance standard framework for counsel)
- Commonwealth v. Evans, 439 Mass. 184 (Mass. 2003) (new trial standards; relevance to postconviction relief)
- District Attorney’s Office for the Third Judicial Dist. v. Osborne, 557 U.S. 52 (U.S. 2009) (due process right to access postconviction DNA testing)
- Skinner v. Switzer, 131 S. Ct. 1289 (U.S. 2011) (postconviction DNA testing via § 1983; procedural posture)