State v. Floyd, 237 N.C. App. 300 (Nov. 18, 2014)

(1) The trial court properly denied the defendant’s motion for post-conviction DNA testing. The defendant was convicted of murdering his wife; her body was discovered in a utility shop behind their home. He sought DNA testing of five cigarettes and a beer can that were found in the utility shop, arguing that Karen Fowler, with whom the defendant had an affair, or her sons committed the murder. He asserted that testing may show the presence of DNA from Fowler or her sons at the scene. The defendant failed to prove the materiality of sought-for evidence, given the overwhelming evidence of guilt and the fact that DNA testing would not reveal who brought the items into the utility shop or when they were left there. The court noted: “While the results from DNA testing might be considered ‘relevant,’ had they been offered at trial, they are not ‘material’ in this postconviction setting.”