State v. MarrsAnnotate this Case
Defendant was convicted of second degree murder. The Supreme Court affirmed Defendant’s conviction on direct appeal. In 2009, Defendant filed a motion under the DNA Testing Act for retesting of biological material related to Defendant’s prosecution. After a hearing, the district court overruled the 2009 motion for DNA testing. Defendant’s appeal from that order was summarily dismissed by the court of appeals. In 2015, Defendant filed another motion for DNA testing under the Act. The State objected to the motion on the ground of res judicata. The district court dismissed the DNA motion without an evidentiary hearing. The Supreme Court affirmed, holding that the court did not err in dismissing Defendant’s successive motion for DNA testing on the ground that it was governed by the determinations made under the 2009 motion.