If you or a loved one is considering post-conviction relief in Missouri, a recent appellate decision highlights just how difficult it can be to obtain DNA testing after a conviction.

In State v. Bolden, the Missouri Court of Appeals for the Eastern District made clear that courts will strictly enforce the requirements for post-conviction DNA testing and will deny requests that do not meet those standards, even without a hearing.

The Case: Attempting DNA Testing Years After Conviction

Darrell Bolden was convicted of multiple robberies in St. Louis County arising from a series of incidents in 2012. The evidence against him included eyewitness identification, incriminating statements, and DNA evidence tied to a ski mask used during one of the crimes.

Notably, DNA testing had already been performed before trial, and Bolden's defense had access to those results well in advance of trial.

Years after his conviction and unsuccessful post-conviction proceedings, Bolden filed a motion seeking additional DNA testing under Missouri law.

Missouri Law on Post-Conviction DNA Testing

Missouri allows individuals to request DNA testing after conviction under Section 547.035. However, the statute imposes strict requirements.

A person must show:

• Evidence exists and can still be tested
• The evidence is connected to the crime
• The evidence was not previously tested or was unavailable at trial
• Identity was an issue in the case
• There is a reasonable probability the result would have changed the outcome

If these requirements are not met, courts can deny the motion outright without holding a hearing.

Why the Court Denied the Request

1. The Evidence Was Not “Unavailable”

Bolden argued that additional DNA testing should be allowed on ski masks recovered from the scene.

The court rejected this argument because:

• The State had already conducted DNA testing before trial
• Defense counsel had access to the evidence and results for months
• There was no showing that further testing could not have been pursued earlier

The key takeaway is that evidence is not “unavailable” simply because it was not fully explored at trial.

2. New Testing Would Not Likely Change the Outcome

Even if new DNA testing were conducted, the court found it would not likely affect the verdict.

The record included:

• A confession
• Eyewitness identification
• Incriminating jail phone calls

Given this evidence, the court concluded that additional DNA testing would not create a reasonable probability of a different result.

3. No Hearing Was Required

Bolden also argued that the trial court should have held a hearing because it issued an order to show cause.

The Court of Appeals disagreed.

Missouri law allows courts to deny a motion without a hearing if:

• The motion is insufficient on its face; or
• The case record conclusively shows the person is not entitled to relief

An order to show cause does not automatically require a hearing.

What This Means for Criminal Cases in Missouri

This decision reinforces several important realities for defendants and families.

Act Early on Forensic Evidence

DNA testing issues should be addressed before trial whenever possible.

Post-Conviction Relief Is Limited

Courts strictly apply procedural rules and will not revisit issues that could have been raised earlier.

Strong Evidence of Guilt Matters

Even favorable DNA results may not justify testing if other evidence strongly supports the conviction.

How This Applies to Your Situation

Every criminal case is different. While State v. Bolden shows how difficult post-conviction DNA testing can be, it does not mean relief is impossible.

If you are considering a post-conviction motion, DNA testing issues, a Rule 29.15 or 24.035 motion, or an appeal of a criminal conviction, it is critical to have an attorney evaluate whether your case meets Missouri's strict legal standards.

Talk to a Missouri Criminal Defense Attorney

Beal & Whitener represents clients throughout Missouri in the area of criminal defense, including throughout Northeastern Missouri Counties: Scotland County, Clark County, Lewis County, Knox County, Shelby County, Marion County, Monroe County, Ralls County, Pike County, Lincoln County, Audrain County, Montgomery County, Warren County, Saint Charles County, St. Louis County, St. Louis City and Southeastern Counties: Jefferson County, Franklin County, Gasconade County, Crawford County, Washington County, Saint Francois County, Saint Genevieve County, Perry County, Madison County, Iron County, Bollinger County, Cape Girardeau County, Wayne County, Butler County, Stoddard County, Scott County, Mississippi County, New Madrid County, Dunklin County, Pemiscot County and Central Missouri Counties: Boone County, Callaway County, Cole County, Osage County, Maries County, Phelps County, Dent County, Shannon County, Oregon County, Carter County, Ripley County.