BRYAN O'NEIL BAKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (23 total)

• Hitchcock v. State, 866 So. 2d 23 (Fla. 2004)
  …t DNA testing would be able to exonerate him of the subsequent murder. The presence of physical evidence linked to Richard Hitchcock would not establish that Defendant was not at the scene or that he did not commit the murder. See Galloway v. State, 802 So. 2d 1173 (Fla. 1st DCA 2001). State v. Hitchcock, No. CR76-1942 at 1-2 (Fla. 9th Cir. Ct. order filed June 24, 2002). Hitchcock now appeals the denial of his motion. ANALYSIS This Court adopted Florida Rule of Criminal Procedure 3.853 in 2001, tracking th…
• Overton v. State, 976 So. 2d 536 (Fla. 2007)
  …ompkins v. State, 872 So. 2d 230 (Fla.2003) (affirming the trial court’s denial of the motion for DNA testing of hairs because the hairs were unreliably contaminated due to the location of the victim’s remains in a shallow grave); Galloway v. State, 802 So. 2d 1173 (Fla. 1st DCA 2001) (affirming the trial court’s denial of the motion for DNA testing because a mere allegation that the DNA of the defendant would not match DNA evidence was insufficient to establish that the defendant was not present and a coparti…
• Zollman v. State, 820 So. 2d 1059 (Fla. 2d DCA 2002)
  …tself and the other available evidence. Cases addressing this issue have uniformly held that DNA testing will not be permitted if the requested DNA testing would shed no light on the defendant’s guilt or innocence. For example, in Galloway v. State, 802 So. 2d 1173 (Fla. 1st DCA 2001), the trial court refused to order postconviction DNA testing because such testing would not establish that the defendant was not present at the crime scene with his codefendants. “The fact that only appellant’s co-defendant’s may…

Authorities Cited

• Benny Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001)
• Walker v. State, 791 So. 2d 580 (Fla. 1st DCA 2001)