State v. Donovan

[¶ 1] Pursuant to 15 M.R.S.A. § 2138(6) (2003) and M.RApp. P. 19(a), we authorized Daniel Donovan’s appeal from an order issued by the Superior Court (Kenne-bec County, Atwood, J.) denying his post-conviction motion for DNA analysis and granting the State’s motion to dismiss.

[¶ 2] Donovan contends that the Superi- or Court erred in concluding that his identity as the perpetrator of the crime was not at issue during trial. 15 M.R.S.A. § 2138(4)(E) (2003). The State contends that the Superior Court erred in concluding that “[t]he evidence sought to be analyzed [was] material to the issue of…