In 1987, Jacob Duran was convicted of first-degree murder and armed robbery with a firearm enhancement. He was sentenced to life imprisonment plus 10 years to be served consecutively. DNA testing controverted the visual hair comparison and blood testimony at the trial. In 2015, Mr. Duran was able to have the DNA tested. He filed for post-conviction relief based on the fact that the DNA evidence was exculpatory.
His relief was denied by the district court. The State petitioned for Supreme Court review after the Court of Appeals reversed the district court’s decision. The Supreme Court agreed that the district court applied the actual innocence standard when denying Mr. Duran’s motion, as opposed to the lesser standard used when newly-discovered evidence is found that does not prove innocence but instead, is exculpatory evidence that if used at trial may result in a different verdict.
Mr. Duran’s representation in this case is Nicholas Davis, who has been representing Mr. Duran since he was a law student in the University of New Mexico’s Innocence Clinic. We will continue to follow this case and support Mr. Duran in his quest for absolution.