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