Horton v. State, 412 Md. 1

Summary

The Maryland Court of Appeals considered a petition for post-conviction DNA testing under Maryland Criminal Procedure Article § 8-201. The court held that the State had not demonstrated that the requested evidence was actually destroyed or conducted a sufficiently exhaustive search, and it reversed the circuit court’s denial of the petition.

Holdings

1. The State bears the burden of establishing that evidence requested for post-conviction DNA testing no longer exists.
2. A court may not conclude that requested DNA evidence no longer exists until the State performs a reasonable search of locations where the evidence could reasonably be found and, if possible, identifies and verifies the applicable evidence-handling and destruction protocols.
3. The circuit court erred by denying the petition where the petitioner identified narrowly tailored additional investigative steps that could clarify whether the evidence still existed.

Questions Presented

1. Whether the State established that the physical evidence requested for DNA testing no longer existed.
2. Whether the State conducted a reasonable search for requested DNA evidence under Maryland Criminal Procedure Article § 8-201 and the standards established in Blake and Arey.
3. Whether the circuit court erred by denying the petition before the petitioner had a meaningful opportunity to investigate the Form 526, question the State's affiants, and pursue specified additional searches.

Disposition

reversed_and_remanded