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Jointer v. Superior Court
158 Cal. Rptr. 3d 778
Cal. Ct. App.
2013
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Background

  • Defendant Michael Jointer was convicted in 1998 of second‑degree robbery with a firearm enhancement and sentenced to 34 years to life.
  • In 2012 Jointer moved under Penal Code 1405 for DNA testing of a water bottle found at the crime scene; the trial court denied the motion.
  • At trial, key evidence included fingerprints on the water bottle, eyewitness identifications (one in court, two tentative), and surrounding circumstantial evidence.
  • Police actions included photographing and dusting for fingerprints, a six-person lineup leading to an in-court identification, and a search of Jointer’s residence with related items found.
  • The appellate court held the trial court abused its discretion by denying testing, applying Richardson’s standard that a favorable DNA result could reasonably affect the outcome; the petition for writ of mandate was granted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the 1405 motion should have been granted. Jointer: DNA testing could yield a favorable result. Orange Co.: other strong evidence suffices to convict. Yes; the court abused discretion and granted the writ.

Key Cases Cited

  • Richardson v. Superior Court, 43 Cal.4th 1040 (Cal. 2008) (defines the reasonable probability standard for 1405 testing and emphasizes favorable test presumptions)
  • United States v. Wade, 388 U.S. 218 (U.S. 1967) (eyewitness identification reliability concerns, especially cross-racial identifications)
  • People v. Mendoza, 23 Cal.4th 896 (Cal. 2000) (recognizes cross-racial identification concerns and eyewitness issues)
Read the full case

Case Details

Case Name: Jointer v. Superior Court
Court Name: California Court of Appeal
Date Published: Jun 28, 2013
Citation: 158 Cal. Rptr. 3d 778
Docket Number: G047824
Court Abbreviation: Cal. Ct. App.