STATE EX REL. BURDETTE v. Zakaib

WORKMAN, Justice:

The petitioner, Gregory Burdette, seeks an original jurisdiction writ of mandamus directing the respondent, the Honorable Paul Zakaib, Jr., Kanawha County Circuit Court Judge, to grant his motion for post-conviction DNA Testing that he filed as a part of an underlying habeas corpus action, SER Burdette v. Haynes, Warden, Civil Action No. 07-MISC-139. The evidence the petitioner wants tested is a cigarette butt that was submitted into evidence at his April 11,1986, trial wherein a Kanawha County jury found him guilty of six counts of forgery, six counts of uttering, one count…