People v. Johnson

Defendant was convicted, after jury trial, of armed robbery. A 9-millimeter pistol discovered on the premises was swabbed for DNA, but the swabs were never tested for DNA.  It is unknown whether the swabs contain DNA sufficient for testing, or whether the results would be exculpatory. Thus, Defendant cannot show that counsel's deficient performance resulted in prejudice, as he cannot show that but for counsel's failure to have the swabs tested, there is a reasonable probability that outcome of trial would have been different. (A. BURKE, GARMAN, THEIS, NEVILLE, M. BURKE, and CARTER, concurring.)