Commonwealth v. Rowe

Summary

The Pennsylvania Superior Court considers Raymond Charles Rowe’s request for post-conviction DNA testing under 42 Pa.C.S.A. § 9543.1 after a remand from the Pennsylvania Supreme Court applying Commonwealth v. Hardy. The court addresses whether Rowe established a prima facie case that testing could demonstrate his actual innocence despite his guilty plea, DNA evidence linking him to the victim, and admissions of guilt. The court affirms the denial of DNA testing.

Holdings

1. A defendant who pleaded guilty must make a case-specific and fact-specific prima facie showing that, assuming exculpatory DNA results, there is a reasonable probability that the results would establish actual innocence—meaning that it would be more likely than not that no reasonable juror would find the defendant guilty beyond a reasonable doubt.
2. Rowe did not establish a prima facie case of actual innocence, and the trial court properly denied Touch DNA testing of the cutting board, toaster, sweater, and clothing.

Questions Presented

1. Whether Rowe, having pleaded guilty, presented a prima facie case under 42 Pa.C.S.A. § 9543.1 that, assuming exculpatory DNA results from the requested items, there was a reasonable probability the results would establish his actual innocence.
2. Whether the trial court properly considered the entire record, including the DNA evidence, Rowe's confessions, guilty plea, and proposed third-party-assailant theory, in denying the DNA-testing motion.

Disposition

affirmed