Phillips v. State

JAMES K. PREWITT, Presiding Judge.

Murlin Phillips (“Appellant”) appeals the denial of his post-conviction motion requesting forensic DNA testing, pursuant to § 547.035, RSMo Cum.Supp.2003, following his 2002 conviction and sentencing for murder in the second degree and armed criminal action. 1

On October 8, 2000, Appellant had an altercation with Wayne Limbaugh at the residence of Joan Burton, a former girlfriend of Appellant. Appellant left, but several hours later he returned and shot Limbaugh as Limbaugh left Burton’s residence. The State alleged that Limbaugh later died from the gunshot…