Supreme Court of Connecticut
State of Connecticut v. John Dupigney
March 9, 2010295 Conn. 50
Summary
The court held that the statutory phrase "reasonable probability" in the postconviction DNA-testing statute means a probability sufficient to undermine confidence in the outcome of the proceeding. It further held that this determination is reviewed de novo as a mixed question of law and fact, with underlying historical facts reviewed for clear error. Because the hat’s connection to the shooter was speculative and substantial independent evidence identified the petitioner as the shooter, the court affirmed denial of DNA testing.