A convicted murderer can assert a successful claim for DNA testing of crime scene evidence by raising the possibility that the test may reveal the identity of another person who actually killed the victim, the Superior Court has ruled.
An en banc panel of the court ruled Tuesday in In re Payne, affirming a trial court’s order granting John M. Payne’s Post-Conviction Relief Act request for DNA testing. Payne was convicted of second-degree murder in 1986, and is seeking DNA testing of physical evidence taken from the scene of the crime, which occurred in 1981.
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