Missouri Court of Appeals, Eastern District / Dec 4, 2018
State of Missouri, Respondent, vs. Frederick Spencer, Appellant.
Frederick Spencer, convicted of forcible rape and sodomy in 1999, appealed the denial of his motion for post-conviction DNA testing under § 547.037 and a Rule 91 habeas corpus claim. The appellate court affirmed the denial of the § 547.037 motion, finding Spencer failed to meet statutory prerequisites as he was no longer in custody and no testing was ordered under § 547.035. The court dismissed the appeal of the habeas corpus claim, holding it lacked appellate jurisdiction over such decisions.