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Finn v. State

The trial court properly denied defendant's request for funds for an independent DNA test where defendant initially filed a bare bones motion and waited until a week before trial before filing a renewed motion with the required details.

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A jury convicted Michael S. Finn of burglary and malice murder in the stabbing death of Mary Sue Ogletree.1 Finn appeals, contending the trial court erred in denying his request for funds for an independent DNA test. Because Finn was not diligent in providing the trial court with the specific information to establish the need for the test, we affirm.

1. The evidence at trial showed that the victim was found dead in her apartment on Forest Avenue the morning of June 8, 1980. She had been stabbed multiple times and her throat slit. Her dress had been pulled up and her underclothes removed. Items in her apartment were strewn about and it appeared that a single nylon stocking was missing. She had last been seen alive the previous evening around 10:15 p.m. when she left her daughter’s apartment in the same complex to return to her own apartment.

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