WEEKS v. STATE

Nos. SC 85448, SC 85552.

140 S.W.3d 39 (2004)

Rubin WEEKS, Appellant, v. STATE of Missouri, Respondent. and State of Missouri, Respondent, v. Rubin Weeks, Appellant.

Supreme Court of Missouri, En Banc.

August 3, 2004.


Attorney(s) appearing for the Case

Ellen Y. Suni, Phillip R. Gibson, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, for Respondent.

Steven A. Drizin, Chicago, IL, Sean D. O'Brien, Kansas City, Vanessa Potkin, New York, NY, for amicus curiae.


LAURA DENVIR STITH, Judge.

Rubin Weeks pleaded guilty to kidnapping and forcible rape in 1992. In 2001, he filed a motion with the sentencing court under what is now section 547.035, RSMo Supp.2001,1 claiming that DNA testing of the sperm samples taken in relation to the rape will demonstrate his innocence of the crimes of which he was convicted. The motion court overruled his motion based on its belief that persons, such as Mr.

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