The Marshall Project

A DNA Test Might Help Exonerate This Man. A Judge Won’t Allow It.

North Carolina judge denies testing in a 1992 murder case, but lawyers want shell casings examined.

Over the past decade, laboratories and lawmakers have expanded the power of DNA to exonerate the wrongfully convicted. Scientists can coax accurate results from trace amounts of DNA, even old or degraded samples. All 50 states allow post-conviction DNA tests.

Mark Rabil wishes that all North Carolina trial judges would catch up with the laws and labs.

Rabil, a Wake Forest University law professor who runs the school’s innocence clinic, hit a roadblock when a judge denied his request for DNA tests on three .22 caliber shell casings found at a murder scene 26 years ago.

The case is the strongest he’s seen in 10 years at the clinic, Rabil said, even though his client pleaded guilty to second-degree

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