Cloird v. State

Summary

The Supreme Court of Arkansas affirmed the denial of Gary Cloird's petition for a writ of error coram nobis based on an alleged Brady violation involving DNA test results. The court held that the DNA results from vaginal swabs were not favorable or material to the defense because the victim testified that Cloird's sexual contact with her was oral.

Holdings

1. DNA results excluding Cloird from vaginal samples were not favorable or material to his defense because the victim's testimony described only oral sexual contact by Cloird and the tested samples were vaginal.
2. The circuit court did not abuse its discretion in denying Cloird's petition for writ of error coram nobis because the DNA evidence was not favorable to the defense and thus could not establish a Brady violation.

Questions Presented

1. Whether the circuit court clearly erred in finding that DNA results excluding Cloird as a contributor to vaginal swabs were neither favorable nor unfavorable to his defense.
2. Whether the circuit court abused its discretion by denying Cloird's petition for writ of error coram nobis based on an alleged Brady violation.

Disposition

affirmed