State v. Myers

INTRODUCTION

Nearly 20 years after a jury convicted James E. Myers of murder, he filed a motion for testing under the DNA Testing **757 Act. The district court denied that motion as well as Myers' motion for the appointment of counsel. We would review these denials for an abuse of discretion. But to do so, the court below must have applied only the part of the legal framework governing whether to grant testing. Because the district court may have relied instead upon principles governing relief available after testing, we must reverse the order and remand the cause for reconsideration of the…