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Criminal Law-Post-Conviction DNA Testing-Availability of Evidence

Staff Report//April 1, 2026//

Criminal Law-Post-Conviction DNA Testing-Availability of Evidence

Staff Report//April 1, 2026//

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Defendant, who had been convicted of a robbery based on DNA testing on the robber’s mask left at the scene, appealed the denial of his motion for post-conviction DNA testing, arguing that the evidence was unavailable to him at the time of trial.  

Where defendant failed have the DNA evidence retested even though it was available for months before trial and where he failed to show that he likely would not have been convicted even if exculpatory results had been obtained through testing, the trial court did not err in denying post-conviction testing. 

Judgment is affirmed.  

State v. Bolden (MLW No. 84546/Case No. ED113948 – 11 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appealed from circuit court, St. Louis County, Baker, J. (Matthew G. Mueller for appellant) (Karen L. Kramer for respondent) 


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