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STATE v. KINDER

No. ED 82688.

122 S.W.3d 624 (2003)

STATE of Missouri, Respondent, v. Brian J. KINDER, Movant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 24, 2003.

Application for Transfer Denied January 27, 2004.

Attorney(s) appearing for the Case

Frederick A. Duchardt, Jr., Kearney, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, III, Michael J. Spillane, Asst. Attys. Gen., Jefferson City, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 24, 2003.

LAWRENCE E. MOONEY, Judge.

Brian Kinder, the movant, appeals from the motion court's judgment denying, without an evidentiary hearing, his post-conviction motion for DNA1 testing. The movant was previously tried, convicted, and sentenced to death for a 1990 murder. DNA evidence was introduced at trial, however...

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