Criminal Law: DNA Testing-Denial of Motion-Capital Murder

Where a defendant, who was convicted of the murder of her husband, sought post-conviction DNA testing, the judgment is affirmed because the trial court properly considered the impact that such evidence would have on the jury as well as the probability that she would not have been convicted if exculpatory results had been obtained, and the defendant did not show that the court relied on factual errors or extrajudicial information.

Judgment is affirmed.

State v. Prewitt (MLW No. 73255/Case No. WD81759 – 21 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Pettis County, Koffman, J. (Karen Louise Kramer, Jefferson City, for respondent) (Tricia J. Bushnell, Kansas City, Missouri, for appellant).