Cardona v. State

The issue presented is whether the trial court erred in not holding an evidentiary hearing before ordering specific procedures for DNA testing. The procedures include having the evidence in question cut and divided by the state’s expert for the state to retain before appellant’s private laboratory has an opportunity to perform DNA tests. Also at issue is whether the trial court erred in denying appellant’s request to test hairs found on a T-shirt and bedding in the victim’s residence.

We find the trial court erred in allowing the state to cut and withhold certain parts of the evidence in…