Los Angeles, CA asked in Criminal Law for California

Q: In post-conviction criminal cases does fingerprints qualify under p.c. 1405; for DNA testing?

Im looking for a reasonable attorney for a post-conviction discovery, concerning an exculpatory fingerprint the Los Angeles Sheriff's department has refused to disclose to exonerate my brother.

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1 Lawyer Answer
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Penal Code section 1405 authorizes the filing of a Motion for post-conviction testing of DNA evidence for defendants (serving a prison sentence) who did not have that technology available at the time of trial and where identity was a significant issue that resulted in the conviction.

Potential DNA evidence from the item containing the fingerprints may form the basis of such a motion, such as the water bottle in

Jointer v. Superior Court (2013) 217 Cal.App.4th 759

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