State v. Gardner, 227 N.C. App. 364 (May. 21, 2013)

The trial court did not err by failing to appoint counsel to represent the defendant on a motion for post-conviction DNA testing. The trial court is required to appoint counsel for a motion under G.S. 15A-269 only if the defendant makes a showing of indigence and that the DNA testing is material to defendant’s claim of wrongful conviction. Here, the defendant did not make a sufficient showing of materiality, which requires more than a conclusory statement that the evidence is material.