Such a result would remove the nagging questions surrounding this case that might otherwise undermine confidence in the criminal justice system. In the event that DNA testing re-affirms that Cherrix committed the crimes, this Court will consider the petition for writ of habeas corpus and render judgment accordingly. 1 . The specific charges are as follows: (1) capital murder during the commission of forcible sodomy; (2) use of a firearm during the commission of a murder; (3) forcible sodomy; (4) use of a firearm during the commission of forcible sodomy; and (5) possession of a firearm by a previously convicted felon. 2 . The trial court also sentenced Cherrix to life imprisonment for his forcible sodomy conviction, eight years imprisonment for using a firearm in the co 807-08 (1992) (<HOLDING>); State v. Thomas, 245 N.J.Super. 428, 586 A.2d
holding that a claim seeking dna testing is cognizable under section 1983 holding that a new trial was warranted and stating that the defendant was entitled to have dna testing done on vaginal swabs taken from the victim holding that dna test results warranted a new trial of a postconviction petitioner who was convicted of rape and kidnaping holding that trial delay for dna testing was attributable to the state but was mere negligence holding that there is no federal due process right to present new evidence of actual innocence such as dna testing