In re the Personal Restraint of Ted Louis Bradford

Summary

The Washington Court of Appeals granted Ted Louis Bradford’s personal restraint petition and reversed his 1996 convictions for first-degree rape and first-degree burglary. The court held that newly discovered DNA evidence, including DNA from an unidentified male on tape attached to the assault mask and the absence of Bradford’s DNA, would probably change the result of a new trial when considered with the other evidence. The court affirmed the superior court’s reference-hearing determination that a new trial was warranted.

Holdings

1. The DNA evidence, considered in the context of the entire trial record, would probably change the result of the trial; therefore, Bradford was entitled to personal restraint relief and a new trial.
2. Newly discovered evidence supports relief from personal restraint when it meets the applicable requirements, including that it probably would change the result of the trial, was discovered after trial, could not have been discovered earlier with due diligence, is material, and is not merely cumulative or impeaching.

Questions Presented

1. Whether newly discovered DNA evidence, considered together with the evidence presented at Bradford's original trial, would probably change the result of the trial and therefore warrant relief from personal restraint.

Disposition

reversed_and_remanded