State v. Ruff

WILLIAM RAY PRICE, JR., Judge.

I.Introduction

Huntley Ruff is currently incarcerated for a rape he claims he did not commit. In an attempt to prove his innocence, he sought DNA testing pursuant to section 547.035, RSMo Supp.2001. Because the trial court incorrectly overruled Ruffs motion for testing without a hearing, the judgment is reversed and the case remanded.

II.Facts

Huntley Ruff is serving a 160 year sentence following conviction for forcible rape, sodomy, armed criminal action, and first degree robbery. These crimes occurred in a hotel room, and the victim identified Ruff as the…