Court of Appeals of Missouri, Southern District, First Division
RICHARD S. MERCER, Movant-Appellant,
STATE OF MISSOURI, Respondent-Respondent.
FROM THE CIRCUIT COURT OF DENT COUNTY Honorable Kelly W.
W. SHEFFIELD, P.J.
S. Mercer ("Movant") brings one point on appeal
charging clear error in the motion court's denial,
without a hearing, of his amended motion for DNA testing
pursuant to § 547.035. Finding no merit in this
contention, we affirm.
Law and Standard of Review
2001, Missouri has provided a statutory post-conviction
remedy to permit an inmate to obtain DNA testing. "In
order for a person in custody of the department of
corrections to receive DNA testing, he or she must file a
motion alleging circumstances that, if substantiated, would
demonstrate the person's innocence." Hudson v.
State, 270 S.W.3d 464, 467 (Mo. App. S.D. 2008).
motion must allege facts under oath demonstrating that:
(1) There is evidence upon which DNA testing can be
(2) The evidence was secured in relation to the crime; and
(3) The evidence was not previously tested by the movant
(a) The technology for the testing was not reasonably
available to the movant at the time of the trial;
(b) Neither the movant nor his or her trial counsel was aware
of the existence of the evidence at the time of trial; or
(c) The evidence was otherwise unavailable to both the movant
and movant's trial counsel at the time of trial; and
(4) Identity was an issue in the trial; and
(5) A reasonable probability exists that the movant would not
have been convicted if exculpatory results had been obtained