Update: KYSC denies AG’s Motion for Discretionary Review, COA Opinion Reversing Circuit Court’s Denial of DNA Testing Stands.
KIP presently represents Mr. Burden on a post-conviction DNA testing motion. Mr. Burden seeks DNA testing in a murder case from 1986. Mr. Burden entered an Alford plea after threat of the death penalty. The Alford plea allowed Mr. Burden to plead guilty, acknowledging there was evidence against him that may result in a guilty verdict at trial while maintaining his innocence of the charges. Mr. Burden sought testing of crucial evidence from the crime scene that would definitively point to the true perpetrator of the crime. The original trial court denied his request for DNA testing. KIP appealed this denial, and Mr. Burden’s appeal is currently set for oral argument before the Kentucky Court of Appeals on September 20, 2023. Mr. Burden is represented by Miranda Hellman, staff attorney at KIP.
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