Post Conviction Access to Forensic and Scientific Analysis

  1. Law
  2. Massachusetts General Laws
  3. Crimes, Punishments and Proceedings in Criminal Cases
  4. Proceedings in Criminal Cases
  5. Post Conviction Access to Forensic and Scientific Analysis

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Section
1

Definitions

Section
2

Conditions for Filing Motion for Forensic or Scientific Analysis; Affect of Chapter Upon Analysis Under Other Circumstances

Section
3

Filing of Motion; Contents; Motion for Discovery; Affidavit of Factual Innocence; Expeditious Review of Motion

Section
4

Jurisdiction Over Motion; Service of Motion; Response by Prosecuting Attorney

Section
5

Appointed Counsel

Section
6

Hearing

Section
7

Findings of Fact and Conclusions of Law; Criteria for Allowing Requested Analysis; Orders for Discovery

Section
8

Conditions of Analysis; Selection of Forensic Service Provider; Equal Access to Personnel and Information; Retention of Material Evidence to Allow for Replicate Analysis; Cooperation With Laboratory by Moving Party

Section
9

Time for Performing Analysis

Section
10

Cost of Analysis

Section
11

Effect of Proceedings on Terms of Sentence Imposed

Section
12

Disclosure of Analysis Results; Orders to Produce Data, Documents and Notes

Section
13

Additional Analysis Ordered Upon Inconclusive Findings

Section
14

Victim Notification

Section
15

Waiver of Right to File Motion Prohibited

Section
16

Retention and Preservation of Evidence or Biological Material by Governmental Entities; Regulations

Section
17

Civil or Criminal Liability of Governmental Officials; Willful or Wanton Misconduct or Gross Negligence by Governmental Entities Resulting in Deterioration or Destruction of Evidence; Damages

Section
18

Appeals