Superior Court of Pennsylvania· 5/20/2005

Commonwealth v. Brooks

Citations

875 A.2d 1141
2005 Pa. Super. 185
2005 Pa. Super. LEXIS 1312

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that “[i]n DNA as in other areas, an absence of evidence is not evidence of absence.”
holding that negative DNA results do not establish actual innocence
holding that DNA test results would not establish actual innocence because “[t]his is not a rape-murder case where the absence of the defendant’s semen could prove his innocence; or a case where there were signs of a struggle and the perpetrator left behind skin, hair, or blood samples”
explaining petitioner must raise claims unrelated to motion for post-conviction DNA testing separately in timely filed PCRA petition
stating, “[w]e have held that a PCRA petition cannot be used to make a motion for DNA analysis … and the reverse is surely true as well[]”
declining to address the issue of whether an appellant’s petitions for post- conviction DNA testing were filed in a timely manner because the Court could dispose of the case on other grounds

Source: CourtListener parenthetical corpus (CC0).

Judges: Elliott, Musmanno, Montemuro

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Cited by

16 cases in this archive cite this case.

Cites

9 cases in this archive are cited by this case.

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