Mercer v. State

Richard S. Mercer (hereinafter, “Mercer”) currently is incarcerated for his convictions of rape and incest. Mercer filed a pro se motion for post-conviction DNA testing, pursuant to section 547.035, RSMo Supp. 2001, claiming DNA testing would prove his actual innocence.1 The circuit court issued a show cause order to the state, but without the benefit of the state’s response, the circuit court overruled Mercer’s motion in a docket entry. Mercer appealed, claiming the circuit court failed to comply with the requirements of section 547.035.

On appeal, the Missouri Court of Appeals, Southern…