Dowdell v. State’s Empirical Analysis

Citation profile

1 federal appellate · 7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) he has exercised due diligence and has timely presented his request for testing; 2) the evidence to be tested is still in existence and is in such a condition that DNA testing may be conducted; 3) the evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, degraded, contaminated, replaced, or altered in any material aspect; 4) the evidence was not previously subjected to DNA testing or was not subjected to the type of DNA testing that is now requested and the new testing may resolve an issue not resolved by the prior testing; 5) the requested testing uses a scientifically valid technique and the results of such testing would likely be admissible at trial; 6) the evidence to be tested is material to the issue of the petitioner's identity as the perpetrator of, or accomplice to, the offense for which he was convicted; and 7) the identity of the petitioner as the perpetrator of the offense was at issue during the petitioner's trial.”

   1 later decision quote this exact passage
   e.g. 903 So. 2d 858 - Barbour v. State