Section 10.40 Post-Conviction DNA Testing

• Library: Criminal Practice 2012 Supp

5. (§10.40) Post-Conviction DNA Testing

Post-conviction DNA testing can be ordered in certain circumstances. Section 547.035, RSMo Supp. 2004, provides that a person within the Department of Corrections can petition for post-conviction DNA testing. The statute sets out:

· what facts must be alleged in the motion, § 547.035.2;

· the number of copies of the motion that need to be filed, § 547.035.3;

· when the court will order the prosecutor to show cause why the motion should not be granted, § 547.035.4;

· when the court will order a transcript of the prior proceedings, § 547.035.5;

· when a hearing is to be held, § 547.035.6; and

· when the court is to order appropriate testing, § 547.035.7.

Section 547.037, RSMo Supp. 2004, next sets out the necessary procedures pertaining to a motion for release. SeeState v. Fults, 98 S.W.3d 877 (Mo. App. E.D. 2003) (court would not allow DNA testing...