State v. Cox

(b) Neither the movant nor his or her trial counsel was aware of the existence of the evidence at the time of trial; or(c) The evidence was otherwise unavailable to both the movant and movant's trial counsel at the time of trial; and(4) Identity was an issue in the trial; and(5) A reasonable probability exists that the movant would not have been convicted if exculpatory results had been obtained through the requested DNA testing.

Section 547.035.4 provides that the prosecutor will be ordered to show cause as to why the motion should not be granted, unless it appears from the motion that a…