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Roberto Minceyv.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0618
DecidedJune 25, 2021
Reporter237 Ga. App. 463
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedurePost-Conviction ReliefDNA EvidenceEvidenceVacaturRemand
Case Summary

Roberto Mincey, serving a life sentence for a 1996 pawn-shop robbery, sought post-conviction DNA testing of five latex gloves recovered from vehicles associated with the crime. A DNA expert testified that advances in testing made it possible to develop a profile from the gloves, but the trial court denied the motion. The Court of Appeals of Georgia vacated that order and remanded. Although the evidence at trial had been sufficient to convict, the appellate court held that hypothetical exculpatory DNA results could create a reasonable probability that Mincey would have been acquitted because identity was contested and the evidence indicated that the three robbers arrived and left together. The trial court therefore could not reject testing on the ground that favorable results would not matter. The remand required further proceedings under the statutory DNA-testing standard.

Opinion

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Roberto Mincey V. The State — The Atlanta Gleaner