In re Wiley

Petitioner Timothy Wiley appealed the Windham Civil Division's denial of his request for DNA testing pursuant to Vermont's Innocence Protection Act. Following an unsuccessful appeal of convictions for aggravated sexual assault and lewd and lascivious conduct stemming from charges that he raped his girlfriend's daughter, and for obstruction of justice in connection with threatening and encouraging the mother to commit perjury, petitioner claimed innocence and filed for relief under the Innocence Protection Act. Petitioner claimed the trial court erred in reaching its conclusion that his anticipated test results would not have created a reasonable probability of a different result had they been available at trial. Upon review, the Supreme Court affirmed the denial of petitioner's request on the ground that the testing he sought was not of any evidence "obtained during the investigation or prosecution of the crime" for which innocence is claimed, as required by the Act, rendering his request outside of the Act's relief. View "In re Wiley" on Justia Law