Motion for new trial where testing excludes petitioner as source of DNA evidence.

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23-5B-15. Motion for new trial where testing excludes petitioner as source of DNA evidence.

If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the state to respond to the motion for a new trial.

Source: SL 2009, ch 120, §15.


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