State of Louisiana v. Kendall Gordon

Summary

In this dissent, Judge Herman would affirm the trial court’s denial of Kendall Gordon’s petition for compensation for wrongful conviction under La. R.S. 15:572.8. The dissent concludes that the DNA evidence did not exclude Gordon, credibility concerns surrounded a witness’s recantation, and the trial court was not manifestly erroneous in finding that Gordon failed to establish factual innocence by clear and convincing evidence.

Holdings

1. Judge Herman would hold that the trial court did not manifestly err in finding that Gordon failed to establish factual innocence by clear and convincing evidence and would affirm the denial of compensation.
2. Judge Herman would hold that the trial court was not unreasonable in finding credibility issues concerning Commodore's recantation, particularly in light of evidence that she faced threats from the street.
3. Judge Herman would hold that La. R.S. 15:572.8 does not require the trial court to provide reasons for judgment on an application for wrongful-conviction compensation.

Questions Presented

1. Whether the trial court manifestly erred in denying Gordon compensation under La. R.S. 15:572.8 after finding that he had not proved factual innocence by clear and convincing evidence.
2. Whether the record supported the trial court's credibility assessment of Darceleen Commodore's recantation.
3. Whether the absence of reasons for judgment required reversal of the trial court's denial of wrongful-conviction compensation.

Disposition

affirmed