Court Order if Probable That Exculpatory Results Would Not Have Resulted in Prosecution or Conviction

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Post-Conviction Procedure
  5. Post-Conviction Dna Analysis Act of 2001
  6. Court Order if Probable That Exculpatory Results Would Not Have Resulted in Prosecution or Conviction

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After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that:

  1. A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;
  2. The evidence is still in existence and in such a condition that DNA analysis may be conducted;
  3. The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
  4. The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.


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