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

Indiana Statutes

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

Indiana § 35-38-7-19

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 7Postconviction DNA Testing and Analysis

This text of Indiana § 35-38-7-19 (Favorable results of postconviction testing) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-38-7-19 (2026).

Text

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.