Swearingen v. State

This is a direct appeal to this Court from a trial court’s denial of a motion for DNA testing. We hold that the notice of appeal was untimely filed.

I. BACKGROUND

Appellant was convicted of capital murder and sentenced to death, and this Court affirmed the conviction and sentence on direct appeal. 1 On October 19, 2004, appellant filed a motion for DNA testing. 2 Before the trial court’s decision on the matter, appellant filed two subsidiary motions: a motion for an evidentiary hearing, filed on November 22, 2004, and a motion for entry of order, filed on March 4, 2005. On April 7, 2005, the…