Missouri Court of Appeals, Eastern District / Mar 23, 2021
State of Missouri, Respondent, v. Fred L. Harris, Appellant.
Fred Harris, Sr., appealed the motion court's denial of his motion for post-conviction DNA testing, filed under § 547.035, following his conviction for forcible rape. Harris argued that the DNA testing methods he sought were not reasonably available at trial and that the motion court applied an incorrect test. He also contended the court erred in concluding he strategically chose not to pursue independent DNA testing. The appellate court affirmed the motion court's decision, finding no clear error in its conclusions regarding the availability of testing technology or the strategic decision not to pursue further DNA analysis.