Indiana § 35-38-7-19 Favorable results of postconviction testing

Indiana Statutes

§ 35-38-7-19 — Favorable results of postconviction testing

Indiana·Art. 38 PROCEEDINGS FOLLOWING DISMISSAL,·Ch. 7 Postconviction DNA Testing and Analysis

Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following:

(1)Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner's motion for a new trial pending the results of the DNA retesting.

(2)Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.

(3)Order a new trial or any other relief as may be appropriate under Indiana law or court rule.

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Notwithstanding any law that would bar a
trial as untimely, if the results of postconviction DNA testing and
analysis are favorable to the person who was convicted of the offense,
the court shall order any of the following:
(1) Upon motion of the prosecuting attorney and good cause
shown, order retesting of the identified biological material and
stay the petitioner's motion for a new trial pending the results of
the DNA retesting.
(2) Upon joint petition of the prosecuting attorney and the
petitioner, order the release of the person.
(3) Order a new trial or any other relief as may be appropriate
under Indiana law or court rule.

Indiana § 35-38-7-19 (Favorable results of postconviction testing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.