Ka Makkali v. State (Per Curiam)Annotate this Case
Appellant was convicted of rape and theft of a van. Appellant was sentenced to terms of imprisonment and a fine. The Supreme Court affirmed the convictions and sentences. Appellant later filed a petition for a writ of habeas corpus and a motion for the performance of DNA testing seeking testing of a vaginal swab of the victim. Appellant subsequently amended his original habeas petition to include, in addition to his original request for DNA tests, a request for DNA testing of several items. The trial court denied Appellant’s original petition for a writ of habeas corpus, as well as the motion to amend the habeas petition. Now pending before the Supreme Court was Appellant’s motion for belated appeal and rule on clerk. The Supreme Court dismissed the appeal and declared moot the motion seeking to file a belated brief, holding that Appellant could not prevail on appeal because, notwithstanding Appellant’s failure to rebut the presumption that his petition was untimely, Appellant failed to establish that additional testing would significantly advance his claim of innocence.