Johnson v. State

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In 1980, Appellant was convicted of first degree sex offense, kidnapping of a child under sixteen years of age, and assault and battery. In 2011, Appellant filed a pro se motion for new trial, later referred to as a petition for DNA testing, requesting that the State produce certain scientific identification evidence that might contain biological material and that was related to the judgment of conviction. A circuit court judge found that the State had performed a reasonable search for the requested evidence and that the evidence no longer existed. The Court of Appeals affirmed, holding that the judge’s findings that the State had performed a reasonable search for the requested evidence and that the evidence was no longer in the possession of the State were not clearly erroneous. View "Johnson v. State" on Justia Law