Gardner v. State

Summary

The court dismissed Gardner's appeal from the denial of his Act 1780 petition seeking scientific testing of a gun and shell casings. It held that he failed to allege facts showing that the requested testing could produce new scientific evidence establishing actual innocence or satisfy the statutory prerequisites, and he also failed to rebut the statutory presumption that his petition was untimely. His motions for an extension of time and to correct his brief were therefore moot.