State v. Turner, 239 N.C. App. 450 (Feb. 17, 2015)

(1) The trial court did not err by denying defendant’s motion for post-conviction DNA testing under G.S. 15A-269. Defendant’s motion contained only the following conclusory statement regarding materiality: “The ability to conduct the requested DNA testing is material to defendant[’]s defense[.]” That conclusory statement was insufficient to satisfy his burden under the statute. (2) The court rejected defendant’s argument that the trial court erred in failing to consider defendant’s request for the appointment of counsel pursuant to G.S. 15A-269(c), concluding that an indigent defendant must make a sufficient showing of materiality before he or she is entitled to appointment of counsel.