People v. Smith

(Court opinion corrected 4/10/14.) Defendant established a prima facie case that identity was an issue at his murder trial, and that gloves and sweatshirt were subject to proper chain of custody. State's case against Defendant was largely circumstantial, and sweatshirt and gloves, which eyewitness identified shooter as wearing, were a major part of State's evidence. Defendant raised proper issue of ramifications of absence of his DNA from those items, and DNA testing of items if materially relevant to his claim of actual innocence. (HOWSE and EPSTEIN, concurring.)