Davis v. State

Appellant challenges the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm in part, and reverse in part.

Appellant, who was convicted of first-degree murder, seeks DNA testing of two items. He first requests testing of a folding knife belonging to the deceased victim, asserting that the victim attacked and cut him with the knife. He claims that his DNA will be found on the knife, thereby supporting his claim of self-defense. Second, Appellant requests DNA testing of the butt of a shotgun he owned. He asserts that…