State v. Kinder

LAWRENCE E. MOONEY, Judge.

Brian Kinder, the movant, appeals from the motion court’s judgment denying, without an evidentiary hearing, his post-conviction motion for DNA 1 testing. The mov-ant was previously tried, convicted, and sentenced to death for a 1990 murder. DNA evidence was introduced at trial, however, the movant did not have his own independent testing performed. He now seeks testing, specifically Polymerase Chain Reaction (PCR) DNA testing. The movant contends that contrary to the motion court’s findings, he has satisfied all the statutory requirements entitling him to a hearing…