Howard v. State
307 Ga. App. 772
Ga. Ct. App.2011Background
- Howard was convicted in 1989 of burglary and rape; sentenced to 20 years and life respectively.
- Direct appeal affirmed the conviction in an unpublished 1990 opinion.
- In 2010, Howard filed a pro se Request for DNA Testing under OCGA § 5-5-41(c).
- A hearing was held and the trial court denied the motion, prompting this appeal.
- OCGA § 5-5-41(c)(1) allows a DNA testing motion for serious violent felonies and outlines threshold requirements to be met.
- Agent testified that in 1989 DNA testing was unavailable and the evidence has since been destroyed; no bad faith shown; thus requirements not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of DNA testing was proper. | Howard | Howard argues testing should be available, despite destruction. | denial affirmed |
Key Cases Cited
- Williams v. State, 289 Ga.App. 856 (2008) (addresses threshold compliance for DNA testing requests)
- Grant v. State, 289 Ga.App. 230 (2008) (discusses appellate review limits for未 presented issues)
- State v. Clark, 273 Ga.App. 411 (2005) (establishes jurisdictional rationale for post-conviction DNA testing)