220 N.C. App. 117
N.C. Ct. App.2012Background
- Hewson was convicted in New Hanover County for first-degree murder (life without parole) and other offenses; the convictions were upheld on direct appeal in 2007.
- In 2010 Hewson, acting pro se, moved for post-conviction independent DNA testing under N.C.G.S. § 15A-269, asserting untested or inaccurately tested DNA evidence could exculpate him.
- The Superior Court appointed counsel, held a hearing, and reviewed Hewson’s amended motion and supporting affidavit.
- On 15 July 2011 the trial court denied the motion, finding the affidavit insufficient and holding DNA testing not material to Hewson’s defense since he was convicted under both murder theories.
- Hewson appealed the denial, challenging the affidavit sufficiency, materiality of DNA testing, and compliance with § 15A-269(a) requirements.
- The Court of Appeals affirmed, concluding the DNA evidence was not material to Hewson’s defense and the motion did not meet statutory criteria.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit was sufficient under § 15A-269 | Hewson contends affidavit shows actual innocence and testing is material | State argues affidavit insufficient for materiality and defense impact | Affidavit insufficient; no materiality shown |
| Whether DNA testing was material to Hewson's defense | Hewson asserts DNA could place him inside/outside the home affecting theory | State argues evidence supports both murder theories regardless of DNA | DNA testing not material to defense; no different outcome likely |
| Whether Hewson met the statutory requirements for post-conviction DNA testing | Hewson claims DNA evidence related to investigation and could exonerate | State maintains requirements not satisfied due to lack of materiality | Trial court properly denied testing; statutory criteria not met |
Key Cases Cited
- State v. Canady, 355 N.C. 242 (2002) (favorable evidence materiality standard: reasonable probability of different outcome)
- State v. Strickland, 346 N.C. 443 (1997) (reasonable probability standard for materiality and disclosure impact)
- State v. Norman, 202 N.C. App. 329 (2010) (interlocutory appeal of DNA-testing denial under § 15A-270.1)