State v. Randall, 259 N.C. App. 885

In 2008 Jeremy Michael Randall pleaded guilty to 12 counts of first-degree rape and 6 counts of statutory rape and was sentenced to 240–297 months pursuant to a plea agreement.
In May 2016 Randall (pro se) moved for post-conviction DNA testing of alleged biological evidence (vials of blood/saliva, clothing, rape kit) claiming testing would exonerate him.
He also filed a motion for appropriate relief, several addenda, and requested an inventory of biological evidence; the trial court denied his motions.
The Buncombe County Sheriff’s Office reported its only relevant evidence was a Dell computer searched in 2008; no record showed hospital or DSS inventories responsive to Randall’s requests.
The trial court found Randall’s guilty plea was knowing and voluntary, that his motion contained only conclusory assertions of materiality, and that the requested evidence (collected long after alleged contact) would not create a reasonable probability of a different outcome.
Randall appealed; this Court granted certiorari as to any preservation defects and reviewed the denial of DNA testing and the inventory request.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post-conviction DNA testing should be ordered	State: DNA testing not material given confession, guilty plea, victim testimony, and lack of relevant preserved biological evidence	Randall: DNA testing of specified items would show his DNA is absent and would likely have led to a different outcome (exoneration/not pleading guilty)	Denied — defendant failed to show DNA testing was "material" (no reasonable probability of a different outcome)
Whether court erred by not ordering inventory of biological evidence under §15A-268	State: Sheriff had no biological evidence besides a computer; no record of custodial agency inventories or of defendant’s statutory written requests	Randall: Court should order custodial agencies (hospital/DSS) to inventory and produce biological evidence (clothes, hair, blood, rape kit)	Dismissed in part — no preserved ruling under §15A-268(a7); no evidence defendant made proper statutory inventory requests, so issue not reviewable

State v. Lane, 809 S.E.2d 568 (N.C. 2018) (defines materiality for post-conviction DNA testing: reasonable probability of a more favorable verdict)
State v. Turner, 768 S.E.2d 356 (N.C. Ct. App. 2015) (defendant bears burden to show biological evidence is material under §15A-269)
State v. Cox, 781 S.E.2d 865 (N.C. Ct. App. 2016) (conclusory assertions that DNA testing would exonerate are insufficient to show materiality)
State v. Floyd, 765 S.E.2d 74 (N.C. Ct. App. 2014) (DNA results may be relevant but not material postconviction absent reasonable probability of different result)
State v. Doisey, 770 S.E.2d 177 (N.C. Ct. App. 2015) (post-conviction DNA motion triggers requirement to inventory biological evidence; failure to preserve statutory requests forecloses appellate review)
State v. Brown, 613 S.E.2d 284 (N.C. Ct. App. 2005) (statute does not authorize testing merely to establish absence of biological material)