Wednesday, August 29, 2018
The pertinent portion of Missouri's postconviction DNA testing statute, Mo. Rev. State Section 547.035(5), states that
Upon the issuance of the order to show cause, the clerk shall notify the court reporter to prepare and file the transcript of the trial or the movant's guilty plea and sentencing hearing if the transcript has not been prepared or filed.
So, where does that leave pleading defendants?
As the language of the statute makes clear, if the defendant presents sufficient evidence in favor of postconviction DNA testing to get an order to show case, there will be preparation of "the transcript of the trial or the movant's guilty plea." This latter portion of the subsection makes clear that pleading defendants are entitled to seek postconviction DNA testing.