Bates v. State

The Supreme Court affirmed the circuit court’s order summarily denying Appellant’s successive motion for postconviction DNA testing pursuant to Fla. R. Crim. P. 3.853. In the instant postconviction motion, Appellant, a prisoner under sentence of death, sought DNA testing of ten items, seven of which were previously requested in his first Rule 3.853 motion. The Supreme Court held (1) Appellant’s claims as to the aforementioned seven items were procedurally barred; and (2) the circuit court did not err in denying DNA testing on the three remaining items because there was no reasonable probability that the results of DNA testing on these three additional items would have resulted in Appellant’s acquittal or reduced his sentence. View "Bates v. State" on Justia Law