Wisconsin Supreme Court Limits Postconviction DNA Testing of Evidence

March 3, 2017 – Convicted of murder in the early 1980s, Jeffrey Denny filed a postconviction motion in 2014, claiming he was entitled to forensic DNA testing of evidence from the crime scene. Recently, the state supreme court said he was not.
In State v. Denny, 2017 WI 17 (Feb. 28, 2017), a 4-3 majority ruled that Denny did not meet the statutory requirements for postconviction DNA testing at public expense. And a 5-2 majority overruled a 2005 decision that allowed DNA testing at private expense when a person does not satisfy requirements for publicly funded DNA testing.