547.037. Motion for release filed, when, procedure. - Missouri Statutes

Motion for release filed, when, procedure.

547.037. 1. If testing ordered pursuant to section 547.035demonstrates a person's innocence of the crime for which the person is incustody, a motion for release may be filed in the sentencing court.

2. The court shall issue to the prosecutor an order to show cause whythe motion should not be granted. The prosecutor shall file a responseconsenting to or opposing the motion.

3. If the prosecutor consents to the motion and if the court findsthat such testing demonstrates the movant's innocence of the crime forwhich he or she is in custody, the court shall order the movant's releasefrom the sentence for the crime for which testing occurred.

4. If the prosecutor files a response opposing the movant's release,the court shall conduct a hearing. If a hearing is ordered, the publicdefender shall be appointed to represent the movant if the movant isindigent. The hearing shall be on the record. The movant shall have theburden of proving the allegations of the motion by a preponderance of theevidence.

5. If the court finds that the testing ordered pursuant to section547.035 demonstrates the movant's innocence of the crime for which he orshe is in custody, the court shall order the movant's release from thesentence for the crime for which the testing occurred. Otherwise, reliefshall be denied the movant.

6. The court shall issue findings of fact and conclusions of lawwhether or not a hearing is held. An appeal may be taken from the court'sfindings and conclusions as in other civil cases.

(L. 2001 S.B. 267)