Marsh v. State, 812 So. 2d 579 (Fla. 3d DCA 2002). · Go Syfert
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Marsh v. State, 812 So. 2d 579 (Fla. 3d DCA 2002). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Jefferson v. State (fladistctapp, 2005-12-21)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" Jefferson v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Marsh v. State, 812 So.2d 579 (Fla. 3d DCA 2002).
discussed Cited "see" Robinson v. State
Fla. · 2004 · signal: see · confidence high
See Marsh v. State, 812 So.2d 579, 579 (Fla. 3d DCA 2002) (holding that DNA testing of rape kit would be superfluous because the defendant's unsuccessful defense at trial was consensual sex and not identity).
discussed Cited "see" Saffold v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Marsh v. State, 812 So.2d 579 (Fla. 3d DCA 2002) (holding that movant was not entitled to DNA testing where defense at trial had been one of consensual sex, not identity).
Retrieving the full opinion text from the archive…
Aaron Keith MARSH, Appellant,
v.
The STATE of Florida, Appellee.
3D02-176.
District Court of Appeal of Florida, Third District.
Apr 3, 2002.
812 So. 2d 579
Cope, Fletcher, and Ramirez.
Cited by 4 opinions  |  Published

Robert Finlay, for appellant.

Robert A. Butterworth, Attorney General, for appellee.

[*580] Before COPE, FLETCHER, and RAMIREZ, JJ.

FLETCHER, Judge.

Aaron Keith Marsh appeals from the lower court's denial of post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

In Marsh's current (his third) post-conviction motion, he requests among other things that the rape kit evidence introduced at trial on a sexual battery charge be released for DNA testing. While we would be sympathetic to DNA testing in a case where it would be of value, this is not such a case. Marsh's request for DNA testing of the rape kit evidence is without merit, as any results would be superfluous because Marsh admitted that he was the person who had sexual intercourse with the victim. Marsh's unsuccessful defense at trial had been one of consensual sex, not identity. See § 925.11(1)(a), Fla. Stat. (2001); Hartline v. State, 806 So.2d 595 (Fla. 5th DCA 2002); Galloway v. State, 802 So.2d 1173 (Fla. 1st DCA 2001).

Affirmed.