Supreme Court of Arkansas

Joseph M. Bienemy, Appellant v. State of Arkansas, Appellee

December 1, 20162016 Ark. LEXIS 358

Summary

The court dismissed Bienemy's appeal from the denial of his second petition for scientific testing because he failed to show that the requested testing could produce evidence satisfying the statutory requirements for Act 1780 relief. Testing DNA and fingerprints from bullets and shell casings to show that other people were present would not establish his actual innocence or raise a reasonable probability that he did not commit the offense. His motion concerning the appellate brief was moot.