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PHILLIPS v. STATE

No. 27091.

178 S.W.3d 679 (2005)

Murlin PHILLIPS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Application for Transfer Denied November 2, 2005.

Application for Transfer Denied December 20, 2005.

Attorney(s) appearing for the Case

Murlin Phillips, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew W. Hassell, Assistant Attorney General, Jefferson City, MO, for respondent.

JAMES K. PREWITT, Presiding Judge.

Murlin Phillips ("Appellant") appeals the denial of his post-conviction motion requesting forensic DNA testing, pursuant to § 547.035, RSMo Cum.Supp.2003, following his 2002 conviction and sentencing for murder in the second degree and armed criminal action.1

On October 8, 2000, Appellant had an altercation with Wayne Limbaugh at the residence of Joan Burton, a former girlfriend of Appellant...

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