Moore v. CommonwealthAnnotate this Case
Appellant Brian Moore was convicted of the robbery, kidnapping, and murder of Virgil Harris and sentenced to death. After the Supreme Court affirmed the conviction and sentence, Appellant unsuccessfully sought to collaterally attack his conviction and sentence at both the state and federal levels. Appellant then pursued post-conviction DNA testing under Ky. Rev. Stat. 422.285 in the circuit court. Appellant came before the Supreme Court seeking additional DNA testing beyond that ordered below or, in the alternative, to vacate his conviction and sentence for several reasons, including the post-trial loss of evidence that was to be tested for DNA. The Commonwealth cross-appealed as to several issues. The Supreme Court affirmed in part and reversed in part the orders of the circuit court, holding (1) the Commonwealth's cross-appeal was without merit; and (2) although Appellant did not demonstrate that his conviction and sentence should be vacated, the circuit court erred in reading its power to order independent DNA testing to be limited by statute. Remanded.