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Defendant Denied Relief Under Innocence Protection Act

By Shari Allison

US v. Jordan, No. 08-1431, 2/11/10 - Defendant was convicted of assaulting and murdering a fellow inmate with a shank one afternoon in the recreation yard at Florence. Two eyewitnesses identified him as the stabber, and several more saw him chase the victim after the stabbing and then throw the shank on a roof. There was DNA on the shank, as well as on a glove found in the prison yard. None of it was defendant's. The 10th affirmed the convictions on direct appeal. Defendant then filed a motion for DNA testing pursuant to the Innocence Protection Act (IPA)and another for preservation of trial evidence. The district court denied the IPA motion because defendant did not show that his proposed method off testing was substantially more probative than the prior testing method, and because the proposed testing would not produce new material evidence that would raise a reasonable probability that defendant did not commit the offenses...continue to full post

Full post as published by Tenth Circuit Blog on February 12, 2010 (boomark / email).