After the Arkansas Supreme Court denied his direct appeal in 1996, Baldwin filed a Petition for Relief under Rule 37 the following year. (Rule 37 deals with ineffective assistance of the original trial counsel.) Because the original Petition was filed in a timely manner, it is an avenue of appeal that is still available to be pursued, as shown in a Joint Status Memorandum filed on June 2, 2004.
At this time, the DNA testing requested by all three is proceeding. Burnett signed the Order for DNA Testing, which was filed June 2, 2004. Getting all parties to agree on what specifically would be tested, where it would be tested, etc., was a time-consuming process. According to the DNA Status Report filed on July 17, "none of the genetic material recovered at the scene of the crimes was attributable to Mr. Echols, Echols co-defendant, Jason Baldwin, or defendant Jessie Misskelley.
As mandated by the court, Paul Ford prepared Baldwin's direct appeal to the Arkansas Supreme Court, but Ford has not represented Baldwin since. Nor has Robin Wadley, Baldwin's other trial attorney, who has been disbarred for reasons unrelated to this case. Another legal team is conducting Baldwin's appeals and are working in conjunction with Echols and Misskelley's lawyers on DNA issues and investigation.