Grounds for new trial.

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23-5B-16. Grounds for new trial.

The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in §23-5B-1, for which the petitioner is under a sentence of imprisonment.

Source: SL 2009, ch 120, §16.


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