Florida's test requires defendants to demonstrate both "significantly subaverage intellectual functioning" and impairments in "adaptive behaviour" like communicating and looking after oneself.
The court will focus on the facts of each individual case and test whether defendants – who were mostly young and often from black or minority ethnic backgrounds – should have been convicted on such a low evidential threshold.
When she discovered that the crime lab had done hundreds of confirmatory tests showing defendants had years earlier pled guilty based on false positive field tests, she made every possible effort to notify the defendants and vacated hundreds of wrongful convictions.
Under that test, a defendant has to show that an error not only "affects substantial rights" but also that it "seriously affects the fairness, integrity, or public reputation of judicial proceedings".
He can allow DNA tests of defendants as part of standard procedure for cases where DNA is available, for example.
The court focused on the facts of each individual case to test whether the defendants – who were mostly young and from black or minority ethnic backgrounds – should have been convicted.
"Research shows that drug-free testing can help probationers reach recovery goals, and testing can help defendants remain engaged in treatment and avoid long-term incarceration".
In that case, Officer Marshall gave the Breathalyzer test to the defendant, Stephen Lopresti.
The judge ordered medical tests for some defendants to try to verify the accusations, defense lawyers said.
