State v. Denny

¶ 1. Jeffrey C. Denny appeals from an order denying his motion pursuant to Wis. Stat. § 974.07 (2013-14)1 to test certain items at private or public expense for the presence of DNA. We hold that it was error to deny Denny's motion. Denny showed that the items he sought to test were relevant to the investigation or prosecution that resulted in his conviction, that it is reasonably probable that he would not have been convicted if exculpatory DNA testing results had been available at the time of his conviction, and the testing he seeks was not available at the time of his conviction. While the…