|Year of Conviction
|Year of Exoneration
|Testing inculpated culprit
|State of Conviction
|Trial, Bench Trial, or Guilty Plea
|Type of Crime
|Gender of Exoneree
|Race of exoneree
|Type of Innocence Defense
|Description / Quotes from Testimony Concerning Defense
● The defendant’s testimony supported the alibi.
|Did the defendant testify at trial?
|Quotes from Exoneree Testimony
No transcript of defendant’s testimony.
|Types of evidence at trial
|Type of Forensic Evidence
|Types of Flawed Forensics
|Reason why invalid
|(2), (3) Invalid DNA testimony, failure to describe exculpatory test results
|Brief Quote / Description of Testimony
The analyst testified that “No other two persons will have same DNA except in the case of — of identical twins” without mentioning any random match probability. Evidentiary samples were mixed and findings on one test in combination with the second test excluded Sutton as a contributor; see description of the case at Part II.C.
|Identity of eyewitness
Yes ● Show-up
|Quotes from testimony #1
Victim shown Sutton sitting in a police cruiser, five days after the crime.
No ● Discrepancies in description – height, weight
|Quotes from testimony #2
Victim described attacker later identified as Sutton as 135 pounds and 5’ 7” and certainly shorter than the victim who was 5’ 10.” Sutton was 6 feet tall and 200 pounds at the time. In addition, victim could “not clearly” see his face, as there was only a moment before that attacker pulled a wool cap over his face.
|Highest level reached
|Claims Raised During All Appeals and Postconviction
|Harmless Error Rulings
|Citations to judicial opinions
Sutton v. State, 2001 WL 40349 (Tex. App.‐Hous. 14 Dist. 2001)