Roberto Mincey v. State
A21A0618
| Ga. Ct. App. | Jun 30, 2021Background
- In 1996 Mincey was convicted of armed robbery, kidnapping, firearm offenses, and related counts and received a life sentence; convictions were affirmed on direct appeal.
- In 2017 Mincey moved under OCGA § 5-5-41 for post-conviction DNA testing of five latex gloves recovered in connection with the robbery (four from a stolen Chevrolet Caprice, one from a codefendant’s Buick LeSabre).
- At the hearing Mincey’s DNA expert testified that modern mini-STR testing can generate profiles from degraded DNA; Mincey’s attorney filed an affidavit confirming the gloves remained in the clerk’s file but could not be photographed or further accessed without a court order.
- The trial court denied testing, finding the affidavit only proved existence (not condition), the chain of custody was insufficient, and that DNA results would not create a reasonable probability of acquittal because victims repeatedly identified Mincey and gloves were found in different vehicles.
- The Court of Appeals reviewed the statutory requirements, concluded the trial court erred: the gloves were available and in a condition permitting modern testing, the chain of custody was adequate (no evidence of tampering), and exculpatory DNA results could have created a reasonable probability of acquittal given identification weaknesses; the denial was vacated and the case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Availability/condition of evidence for DNA testing | Mincey: gloves remain in clerk’s file and modern mini-STR can produce profiles from degraded samples | State: affidavit only shows existence; condition may preclude testing | Court: trial court erred; expert and affidavit show gloves available and testable |
| Chain of custody sufficiency | Mincey: exhibits were introduced at trial and remained in official file; no evidence of tampering | State: chain not sufficiently established to ensure evidence unchanged | Court: no record evidence of tampering; chain adequate; trial court erred |
| Materiality — reasonable probability of acquittal | Mincey: three non-matching profiles from the gloves would be reliable evidence excluding him as a robber | State: victims repeatedly identified Mincey; gloves found in multiple vehicles and others were involved | Court: DNA excluding Mincey could have created a reasonable probability of acquittal given identity was contested; remand ordered |
| Standard of review / application of OCGA § 5-5-41 | Mincey: facts and statute support testing when requirements met | State: defer to trial court factual findings | Court: factual findings reviewed for clear error, but statute applied de novo; trial court’s factual findings were erroneous on availability, chain, and materiality |
Key Cases Cited
- Mincey v. State, 237 Ga. App. 463 (prior direct appeal affirming convictions)
- White v. State, 346 Ga. App. 448 (discussing standard of review and OCGA § 5-5-41 framework)
- Winter v. State, 252 Ga. App. 790 (chain-of-custody standard for fungible evidence)
- Brodes v. State, 279 Ga. 435 (factors affecting eyewitness identification reliability)
- Williams v. State, 289 Ga. App. 856 (denial of DNA testing affirmed where identity was not a significant issue)
- Crawford v. State, 278 Ga. 95 (context on the legislative purpose of post-conviction DNA testing)