Robert Earl Carter
v.
State of Iowa
Appellant
Robert Earl Carter
Appellee
State of Iowa
Attorney for the Appellant
Shea M. Chapin
Attorney for the Appellee
Richard J. Bennett, Special Counsel
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Chicchelly, J., and Vogel, S.J. Opinion by Vogel, S.J. (6 pages)
An applicant convicted of first-degree murder and first-degree burglary appeals the denial of his application for DNA profiling under Iowa Code section 81.10 (2022). OPINION HOLDS: Because the applicant filed his application for DNA profiling as a standalone case and the district court did not take judicial notice of his underlying criminal case or his pending postconviction-relief proceeding, the records in those other cases are not before us. On the merits, the district court properly denied his application because all requested samples were already profiled and the applicant failed to allege any new method or technology for retesting the samples.
