Edgington v. State
Edgington v. State
Opinion of the Court
Order
Gary D. Edgington appeals from the order of the Circuit Court of Cass County denying his post-conviction motion for DNA testing, as authorized by § 547.035. In 1997, the appellant was convicted, after a jury trial in the Circuit Court of Cass County, of second-degree murder, in violation of § 565.021, and armed criminal action (ACA)> in violation of § 571.015, and was sentenced to concurrent prison sentences of thirty years in the Missouri Department of Corrections. In his post-conviction motion for DNA testing, the appellant seeks to have DNA testing done on a pair of tennis shoes that were introduced by the State at trial, which
The appellant raises one point on appeal. He claims that the motion court clearly-erred in denying his § 547.035 post-conviction motion for DNA testing, after an evi-dentiary hearing, because it violated his right to due process by not appointing counsel to represent him at the hearing, as required by § 547.035.6, and conducted the hearing without his being present.
We affirm, pursuant to Rule 84.16(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.